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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : MILITARY AFFAIRS AND POLICE
Chapter : Chapter 44 Civil Defense
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As used in sections 44.010 to 44.130, the following terms mean:
(1) "Agency", the state emergency management agency;
(2) "Bioterrorism", the intentional use of any microorganism, virus,
infectious substance, or biological product that may be engineered as a
result of biotechnology, or any naturally occurring or bioengineered
component of any such microorganism, virus, infectious substance, or
biological product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living organism in
order to influence the conduct of government or to intimidate or coerce a
civilian population;
(3) "Director", the director of the state emergency management agency;
(4) "Disasters", disasters which may result from terrorism, including
bioterrorism, or from fire, wind, flood, earthquake, or other natural or
man-made causes;
(5) "Economic or geographic area", an area or areas within the state, or
partly in this state and adjacent states, comprising political
subdivisions grouped together for purposes of administration,
organization, control or disaster recovery and rehabilitation in time of
emergency;
(6) "Emergency", any state of emergency declared by proclamation by the
governor, or by resolution of the legislature pursuant to sections 44.010
to 44.130 upon the actual occurrence of a natural or man-made disaster of
major proportions within this state when the safety and welfare of the
inhabitants of this state are jeopardized;
(7) "Emergency management", government at all levels performing emergency
functions, other than functions for which military forces are primarily
responsible;
(8) "Emergency management functions", "emergency management activities"
and "emergency management service", those functions required to prepare
for and carry out actions to prevent, minimize and repair injury and
damage due to disasters, to include emergency management of resources and
administration of such economic controls as may be needed to provide for
the welfare of the people, either on order of or at the request of the
federal government, or in the event the federal government is incapable
of administering such control;
(9) "Emergency resources planning and management", planning for,
management and coordination of national, state and local resources;
(10) "Executive officer of any political subdivision", the county
commission or county supervisor or the mayor or other manager of the
executive affairs of any city, town, village or fire protection district;
(11) "Local organization for emergency management", any organization
established under this law by any county or by any city, town, or village
to perform local emergency management functions;
(12) "Management", the activities of the emergency management director in
the implementation of emergency operations plans during time of emergency;
(13) "Planning", activities of the state and local emergency management
agency in the formulation of emergency management plans to be used in
time of emergency;
(14) "Political subdivision", any county or city, town or village, or any
fire district created by law. (L. 1951 p. 536 § 26.140, 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. 2002 S.B. 712)
There is hereby created within the military division of the
executive department, office of the adjutant general, the "State
Emergency Management Agency", for the general purpose of assisting in
coordination of national, state and local activities related to emergency
functions by coordinating response, recovery, planning and mitigation.
This agency shall also serve as the statewide coordinator for activities
associated with the National* Flood Insurance Program. (L. 1951 p. 536 §
26.150, 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)
*Word "Nation" appears in original rolls.
CROSS REFERENCE: Earthquake building and construction ordinances for
certain cities and counties, duty of state geologist to notify state
emergency management agency, RSMo 319.200
1. The governor shall have general direction and control of the
state emergency management agency, and shall be responsible for the
carrying out of the provisions of sections 44.010 to 44.130. In the event
of disaster beyond local capabilities, the governor may assume direct
operational control over all or any part of these emergency functions
within this state through the director.
2. In performing duties pursuant to sections 44.010 to 44.130, the
governor is authorized to cooperate with the federal government, other
states, and private agencies in all matters pertaining to the emergency
functions of this state and the nation.
3. In performing duties pursuant to sections 44.010 to 44.130 and to
effect its policy and purpose, the governor is further authorized and
empowered:
(1) To make, amend, and rescind the necessary orders, rules, and
regulations to carry out the provisions of sections 44.010 to 44.130
within the limits of the authority conferred upon the governor pursuant
to the provisions of sections 44.010 to 44.130, with due consideration of
the policies and plans of the federal government;
(2) To require and direct the cooperation and assistance of agencies and
officials of the state, economic and geographic areas, and local
political subdivisions to assist in performance of emergency functions;
(3) On behalf of this state, to enter into mutual aid arrangements with
other states, and to coordinate mutual aid plans between political
subdivisions, and economic and geographic areas of this state, and of
this state and other states;
(4) To delegate any administrative authority vested in the governor
pursuant to sections 44.010 to 44.130, and to provide for the
subdelegation of this authority;
(5) Unless prohibited by law, any political subdivision may appropriate
funds, or contribute services, personnel and facilities to special
committees, subcommittees or task groups organized for the economic or
geographic area within which it is situated;
(6) To cooperate with the president, the Federal Emergency Management
Agency, executive office of the president, other appropriate federal
officers and agencies, and the officers and agencies of other states;
(7) To create, establish and appoint such volunteer disaster or state
agency committees or both as may be needed to assemble and evaluate
information which deals with emergency matters. (L. 1967 p. 122 § 2, A.L.
1998 S.B. 743)
1. The Missouri state emergency management agency shall establish
and administer an emergency volunteer program to be activated in the
event of a disaster whereby volunteer architects and professional
engineers registered under chapter 327, RSMo, and construction
contractors, equipment dealers and other owners and operators of
construction equipment may volunteer the use of their services and
equipment, either manned or unmanned, for up to three days as requested
and needed by the state emergency management agency.
2. In the event of a disaster, the enrolled volunteers shall, where
needed, assist local jurisdictions and local building inspectors to
provide essential demolition, cleanup or other related services and to
determine whether buildings affected by a disaster:
(1) Have not sustained serious damage and may be occupied;
(2) Must be vacated temporarily pending repairs; or
(3) Must be demolished in order to avoid hazards to occupants or other
persons.
3. Any person when utilized as a volunteer under the emergency volunteer
program shall have his incidental expenses paid by the local jurisdiction
for which the volunteer service is provided.
4. Architects and professional engineers, construction contractors,
equipment dealers and other owners and operators of construction
equipment and the companies with which they are employed, working under
the emergency volunteer program, shall not be personally liable either
jointly or separately for any act or acts committed in the performance of
their official duties as emergency volunteers except in the case of
willful misconduct or gross negligence.
5. Any individuals, employers, partnerships, corporations or
proprietorships, that are working under the emergency volunteer program
providing demolition, cleanup, removal or other related services, shall
not be liable for any acts committed in the performance of their official
duties as emergency volunteers except in the case of willful misconduct
or gross negligence. (L. 1991 S.B. 265 § l, A.L. 2002 S.B. 712)
The adjutant general, subject to the direction and control of the
governor, shall be the executive head of the office of the state
emergency management agency. (L. 1967 p. 122 § 3, A.L. 1998 S.B. 743)
Whenever the federal government or officer or agency thereof
shall offer to the state, or through the state to any political
subdivision thereof, services, equipment, supplies, materials or funds by
way of gift, grant or loan, for the purpose of emergency management, the
state acting through the agency, or the political subdivision, through
its executive officer with the consent of the governor, may accept the
offer and may receive these services, equipment, supplies, materials or
funds on behalf of the state or the political subdivision subject to the
terms of the offer. (L. 1967 p. 122 § 5, A.L. 1998 S.B. 743)
1. The general assembly recognizes the necessity for anticipating
and making advance provisions to care for the unusual and extraordinary
burdens imposed on this state and its political subdivisions by disasters
or emergencies. To meet such situations, it is the intention of the
general assembly to confer emergency powers on the governor, acting
through the director, and vesting the governor with adequate power and
authority within the limitation of available funds in the Missouri
disaster fund to meet any such emergency or disaster.
2. There is hereby established a fund to be known as the "Missouri
Disaster Fund", to which the general assembly may appropriate funds and
from which funds may be appropriated annually to the state emergency
management agency. The funds appropriated shall be expended during a
state emergency at the direction of the governor and upon the issuance of
an emergency declaration which shall set forth the emergency and shall
state that it requires the expenditure of public funds to furnish
immediate aid and relief. The director of the state emergency management
agency shall administer the fund.
3. Expenditures may be made upon direction of the governor for emergency
management, as defined in section 44.010, or to implement the state
disaster plans. Expenditures may also be made to meet the matching
requirements of state and federal agencies for any applicable assistance
programs.
4. Assistance may be provided from the Missouri disaster fund to
political subdivisions of this state which have suffered from a disaster
to such an extent as to impose a severe financial burden exceeding the
ordinary reserve capacity of the subdivision affected. Applications for
aid under this section shall be made to the state emergency management
agency on such forms as may be prescribed and furnished by the agency,
which forms shall require the furnishing of sufficient information to
determine eligibility for aid and the extent of the financial burden
incurred. The agency may call upon other agencies of the state in
evaluating such applications. The director of the state emergency
management agency shall review each application for aid under the
provisions of this section and recommend its approval or disapproval, in
whole or in part, to the governor. If approved, the governor shall
determine and certify to the director of the state emergency management
agency the amount of aid to be furnished. The director of the state
emergency management agency shall thereupon issue his voucher to the
commissioner of administration, who shall issue his warrants therefor to
the applicant.
5. When a disaster or emergency has been proclaimed by the governor or
there is a national emergency, the director of the state emergency
management agency, upon order of the governor, shall have authority to
expend funds for the following:
(1) The purposes of sections 44.010 to 44.130 and the responsibilities of
the governor and the state emergency management agency as outlined in
sections 44.010 to 44.130;
(2) Employing, for the duration of the response and recovery to
emergency, additional personnel and contracting or otherwise procuring
necessary appliances, supplies, equipment, and transport;
(3) Performing services for and furnishing materials and supplies to
state government agencies, counties, and municipalities with respect to
performance of any duties enjoined by law upon such agencies, counties,
and municipalities which they are unable to perform because of extreme
natural or man-made phenomena, and receiving reimbursement in whole or in
part from such agencies, counties, and municipalities able to pay
therefor under such terms and conditions as may be agreed upon by the
director of the state emergency management agency and any such agency,
county, or municipality;
(4) Performing services for and furnishing materials to any individual in
connection with alleviating hardship and distress growing out of extreme
natural or man-made phenomena, and receiving reimbursement in whole or in
part from such individual under such terms as may be agreed upon by the
director of the state emergency management agency and such individual;
(5) Providing services to counties and municipalities with respect to
quelling riots and civil disturbances;
(6) Repairing and restoring public infrastructure;
(7) Furnishing transportation for supplies to alleviate suffering and
distress;
(8) Furnishing medical services and supplies to prevent the spread of
disease and epidemics;
(9) Quelling riots and civil disturbances;
(10) Training individuals or governmental agencies for the purpose of
perfecting the performance of emergency assistance duties as defined in
the state disaster plans;
(11) Procurement, storage, and transport of special emergency supplies or
equipment determined by the director to be necessary to provide rapid
response by state government to assist counties and municipalities in
impending or actual emergencies;
(12) Clearing or removing from publicly or privately owned land or water,
debris and wreckage which may threaten public health or safety; and
(13) Such other measures as are customarily necessary to furnish adequate
relief in cases of catastrophe or disaster.
6. The governor may receive such voluntary contributions as may be made
from any source to aid in carrying out the purposes of this section and
shall credit the same to the Missouri disaster fund.
7. All obligations and expenses incurred by the governor in the exercise
of the powers and duties vested by the provisions of this section shall
be paid by the state treasurer out of available funds in the Missouri
disaster fund, and the commissioner of administration shall draw warrants
upon the state treasurer for the payment of such sum, or so much thereof
as may be required, upon receipt of proper vouchers provided by the
director of the state emergency management agency.
8. The provisions of this section shall be liberally construed in order
to accomplish the purposes of sections 44.010 to 44.130 and to permit the
governor to cope adequately with any emergency which may arise, and the
powers vested in the governor by this section shall be construed as being
in addition to all other powers presently vested in the governor and not
in derogation of any existing powers.
9. Such funds as may be made available by the government of the United
States for the purpose of alleviating distress from disasters may be
accepted by the state treasurer and shall be credited to the Missouri
disaster fund, unless otherwise specifically provided in the act of
Congress making such funds available.
10. The foregoing provisions of this section notwithstanding, any
expenditure or proposed series of expenditures which total in excess of
one thousand dollars per project shall be approved by the governor prior
to the expenditure. (L. 1985 H.B. 355 § 44.030, A.L. 1998 S.B. 743)
1. Subject to approval by the state emergency management agency
during an emergency declared by the governor or general assembly, any
health care professional licensed, registered, or certified in this state
may be deployed to provide care as necessitated by the emergency,
including care necessitated by mutual aid agreements between political
subdivisions and other public and private entities under section 44.090.
2. In a declared state of emergency, the department of health and senior
services and the division of professional registration within the
department of economic development may release otherwise confidential
contact and licensure, registration, or certification information
relating to health care professionals to state, local, and private
agencies to facilitate deployment. (L. 2005 H.B. 58)
*This section was enacted by both H.B. 58 and S.B. 420 & 344 during the
First Regular Session of the 93rd General Assembly, 2005. Due to possible
conflict, both versions are printed here.
1. Subject to approval by the state emergency management agency
during an emergency declared by the governor or state legislature, any
health care professional licensed, registered, or certified in this state
who volunteers to be so deployed may be deployed to provide care as
necessitated by the emergency.
2. In a declared state of emergency, the department of health and senior
services or the division of professional registration within the
department of economic development may release otherwise confidential
contact and licensure, registration, or certification information
relating to health care professionals to state, local, and private
agencies to facilitate deployment. (L. 2005 S.B. 420 & 344)
*This section was enacted by both H.B. 58 and S.B. 420 & 344 during the
First Regular Session of the 93rd General Assembly, 2005. Due to possible
conflict, both versions are printed here.
1. Each political subdivision of this state shall establish a
local organization for disaster planning in accordance with the state
emergency operations plan and program. The executive officer of the
political subdivision shall appoint a coordinator who shall have direct
responsibility for the organization, administration and operation of the
local emergency management operations, subject to the direction and
control of the executive officer or governing body. Each local
organization for emergency management shall be responsible for the
performance of emergency management functions within the territorial
limits of its political subdivision, and may conduct these functions
outside of the territorial limits as may be required pursuant to the
provisions of this law.
2. In carrying out the provisions of this law, each political subdivision
may:
(1) Appropriate and expend funds, make contracts, obtain and distribute
equipment, materials, and supplies for emergency management purposes;
provide for the health and safety of persons; the safety of property; and
direct and coordinate the development of disaster plans and programs in
accordance with the policies and plans of the federal and state
governments; and
(2) Appoint, provide, or remove rescue teams, auxiliary fire and police
personnel and other emergency operations teams, units or personnel who
may serve without compensation. (L. 1951 p. 536 § 26.210, Reenacted L.
1953 p. 553, Reenacted L. 1955 p. 607, A.L. 1961 p. 463, A.L. 1967 p.
122, A.L. 1998 S.B. 743)
1. The executive officer of any political subdivision may enter
into mutual-aid arrangements or agreements with other public and private
agencies within and without the state for reciprocal emergency aid. Such
arrangements or agreements shall be consistent with the state disaster
plan and program and the provisions of section 70.837, RSMo, and section
320.090, RSMo. In time of emergency it shall be the duty of each local
organization for emergency management to render assistance in accordance
with the provisions of such mutual-aid arrangements or agreements.
2. Any contracts that are agreed upon may provide for compensation from
the parties and other terms that are agreeable to the parties and may be
for an indefinite period as long as they include a sixty-day cancellation
notice provision by either party. The contracts agreed upon may not be
entered into for the purpose of reduction of staffing by either party.
3. At the time of significant emergency such as fire, earthquake, flood,
tornado, hazardous material incident, terrorist incident, or other such
manmade or natural emergency disaster anywhere within the state or
bordering states, the highest ranking official of a political subdivision
available may render aid to any requesting political jurisdiction, even
without written agreement, as long as he or she is in accordance with the
policies and procedures set forth by the governing board of that
jurisdiction.
4. When responding to mutual aid or emergency aid requests, political
subdivisions shall be subject to all provisions of law as if it were
providing service within its own jurisdiction.
5. All political subdivisions within the state are, upon enactment of
this legislation or execution of an agreement, automatically a part of
the Missouri statewide mutual aid system. A political subdivision within
the state may elect not to participate in the statewide mutual aid system
upon enacting an appropriate resolution by its governing body declaring
that it elects not to participate in the statewide mutual aid system and
by providing a copy of the resolution to the state fire marshal and state
emergency management agency.
6. Emergency response agencies shall include fire service organizations,
law enforcement agencies, emergency medical service organizations, public
health and medical personnel, emergency management officials,
infrastructure departments, public works agencies, and those other
agencies, organizations, and departments that have personnel with special
skills or training that are needed to provide services during an
emergency or disaster.
7. It shall be the responsibility of each political subdivision to adopt
and put into practice the National Incident Management System promulgated
by the United States Department of Homeland Security.
8. In the event of a disaster that is beyond the capability of local
political subdivisions, the local governing authority may request
assistance under this section.
9. Any entity or individual that holds a license, certificate, or other
permit issued by a participating political subdivision or state shall be
deemed licensed, certified, or permitted in the requesting political
subdivision for the duration of the declared emergency or authorized
drill.
10. Reimbursement for services rendered under this section shall be in
accordance with state and federal guidelines. Any political subdivision
providing assistance shall receive appropriate reimbursement according to
those guidelines.
11. Applicable benefits normally available to personnel while performing
duties for their jurisdiction are also available to such persons when an
injury or death occurs when rendering assistance to another political
subdivision under this section. Responders shall be eligible for the same
state and federal benefits that may be available to them for line-
of-duty deaths if such services are otherwise provided for within their
jurisdiction.
12. All activities performed under this section are deemed to be
governmental functions. For the purposes of liability, all participating
political subdivisions responding under operational control of the
requesting political subdivision are deemed employees of such
participating political subdivision. (L. 1951 p. 536 § 26.220, Reenacted
L. 1953 p. 553, Reenacted L. 1955 p. 607, A.L. 1967 p. 122, A.L. 1998
S.B. 743, A.L. 2003 H.B. 307, A.L. 2005 H.B. 58 merged with S.B. 210)
1. The emergency powers of the governor shall be as follows:
(1) The provisions of this section shall be operative only during the
existence of a state of emergency (referred to in this section as
"emergency"). The existence of an emergency may be proclaimed by the
governor or by resolution of the legislature, if the governor in his
proclamation, or the legislature in its resolution, finds that a natural
or man-made disaster of major proportions has actually occurred within
this state, and that the safety and welfare of the inhabitants of this
state require an invocation of the provisions of this section.
(2) Any emergency, whether proclaimed by the governor or by the
legislature, shall terminate upon the proclamation thereof by the
governor, or the passage by the legislature, of a resolution terminating
such emergency.
(3) During the period that the state of emergency exists or continues,
the governor shall:
(a) Enforce and put into operation all plans, rules and regulations
relating to disasters and emergency management of resources adopted under
this law and to assume direct operational control of all emergency forces
and volunteers in the state;
(b) Take action and give directions to state and local law enforcement
officers and agencies as may be reasonable and necessary for the purpose
of securing compliance with the provisions of this law and with the
orders, rules and regulations made pursuant thereof;
(c) Seize, take or requisition to the extent necessary to bring about the
most effective protection of the public:
a. Any means of transportation, other than railroads and railroad
equipment and fuel, and all fuel necessary for the propulsion thereof;
b. Any communication system or part thereof necessary to the prompt and
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 of quotas,
prohibitions on shipments, price fixing, allocation or other means the
use, sale or distribution of food, feed, fuel, clothing and other
commodities, materials, goods or services;
(e) Prescribe and direct activities in connection with but not limited to
use, conservation, salvage and prevention of waste of materials, services
and facilities, including production, transportation, power and
communication facilities, training and supply of labor, utilization of
industrial plants, health and medical care, nutrition, housing, including
the use of existing and private facilities, rehabilitation, education,
welfare, child care, recreation, consumer protection and other essential
civil needs;
(f) To use or distribute all or any of this property among the
inhabitants of the state in any area adversely affected by a natural or
man-made disaster and to account to the state treasurer for any funds
received thereof;
(g) To waive or suspend the operation of any statutory requirement or
administrative rule regarding the licensing, certification or issuance of
permits evidencing professional, mechanical or other skills;
(h) In accordance with rules or regulations, to provide that all law
enforcement authorities and other emergency response workers and agencies
of other states who may be within this state at the request of the
governor or pursuant to state or local mutual-aid agreements or compacts
shall have the same authority and possess the same powers, duties,
rights, privileges and immunities as are possessed by like law
enforcement authorities and emergency response workers and agencies of
this state;
(i) To perform and exercise such other functions, powers and duties as
may be necessary to promote and secure the safety and protection of the
civilian population.
2. When any property is seized, taken or requisitioned under this
section, the circuit court of the county in which the property was taken
may on the application of the owner thereof or on the application of the
governor in cases where numerous claims may be filed, appoint three
disinterested commissioners in the manner provided by section 523.040,
RSMo, to assess the damages which the owners may have sustained by reason
of the appropriation thereof. Upon the application the amount due because
of the seizure of property shall be determined in the manner provided in
chapter 523, RSMo, for the determination of damages in case of the
exercise of 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)
1. In carrying out the emergency powers pursuant to the
provisions of sections 44.010 to 44.130, the governor and the executive
officers or governing bodies of the political subdivisions of the state
are directed to utilize the services, equipment, supplies and facilities
of existing departments, offices, and agencies of the state and political
subdivisions thereof to the maximum extent practicable, and the officers
and personnel of all departments, offices, and agencies are directed to
cooperate with and extend these services and facilities to the governor
and to the disaster organizations of the state upon request.
2. In any emergency, be it due to natural or man-made disaster, the
governor may order the suspension, in whole or in part, of the
activities, functions and duties of any administrative agency, officer or
employee of the state or of any political subdivision thereof and may
direct the personnel of any agency and any officer and employee of the
state or any political subdivision thereof to render services and to
provide facilities as may be needed for the carrying out of emergency
management functions within or without this state. In the event of any
such order, any law requiring specific performance of civil duties by any
officer or employee shall be suspended as long as the officer or employee
is engaged in emergency management functions. (L. 1951 p. 536 § 26.240,
Reenacted L. 1953 p. 553, Reenacted L. 1955 p. 607, A.L. 1967 p. 122,
A.L. 1998 S.B. 743)
It shall be the duty of every organization established pursuant
to sections 44.010 to 44.130 and of the officers thereof to execute and
enforce such orders, rules and regulations as may be made by the governor
pursuant to the authority of sections 44.010 to 44.130. Each organization
shall have available for inspection at its office all orders, rules and
regulations made by the governor, or pursuant to such authority. (L. 1967
p. 122 § 7, A.L. 1998 S.B. 743)
No organization for emergency management established pursuant to
sections 44.010 to 44.130 shall participate in any form of political
activity, nor shall it be used directly or indirectly for political
purposes. (L. 1967 p. 122 § 6, A.L. 1998 S.B. 743)
No person shall be employed or associated in any capacity in any
organization established under sections 44.010 to 44.130 who advocates or
has advocated a change by force or violence in the constitutional form of
the government of the United States or in this state or the overthrow of
any government in the United States by force or violence, or has been
convicted of or is under indictment or information charging any
subversive act against the United States. Each person who is appointed to
serve in an organization for civil defense shall, before entering upon
his duties, take an oath, in writing, before a person authorized to
administer oaths in this state, which oath shall be substantially as
follows:
"I, ....., do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the state
of Missouri, against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this obligation
freely, without any mental reservation or purpose of evasion; and that I
will well and faithfully discharge the duties upon which I am about to
enter. And I do further swear (or affirm) that I do not advocate, nor am
I a member of any political party or organization that advocates the
overthrow of the government of the United States or of this state by
force or violence; and that during such a time as I am a member of the
(name of disaster or emergency organization), I will not advocate nor
become a member of any political party or organization that advocates the
overthrow of the government of the United States or of this state by
force or violence." (L. 1967 p. 122 § 8, A.L. 1971 S.B. 170)
All expenses, salaries and other payments authorized by this law,
and chargeable to the state, including any payments required by any
compacts or agreements made hereunder, shall be paid out of the general
revenues from the state treasury. (L. 1951 p. 536 § 26.250, Reenacted L.
1953 p. 553, Reenacted L. 1955 p. 607)
1. The agency may develop effective citizen involvement to
recruit, train and accept the services of volunteers to supplement the
programs administered by the agency.
2. Volunteers recruited, trained or accepted by the agency shall comply
with applicable agency policy regulations.
3. The agency shall:
(1) Provide staff as deemed necessary for the effective management and
development of volunteer programs;
(2) Take such actions as are necessary and appropriate to develop
meaningful opportunities for citizen involvement in agency-administered
programs;
(3) Develop and provide to all volunteers written rules governing the job
descriptions, recruitment, screening, training responsibility,
utilization and supervision of volunteers;
(4) Educate volunteers to ensure that they understand their duties and
responsibilities;
(5) Provide a receptive environment for citizen involvement; and
(6) Provide for the recognition of volunteers who have offered
exceptional service to the agency.
4. Volunteers shall be deemed unpaid employees and shall be accorded the
protection of the legal expense fund and other provisions of section
105.711, RSMo.
5. Reimbursement for transportation and other necessary expenses may be
furnished to those volunteers whose presence on special assignment is
determined to be necessary by the agency. Such expenses shall be
reimbursed from the regular appropriations of the agency. Volunteers may
use state vehicles in the performance of agency-related duties, subject
to those rules and regulations governing use of state vehicles by paid
staff.
6. As used in this section, "volunteer" means any person who, of his or
her own free will, performs any assigned duties for the agency with no
monetary or material compensation.
7. Any person serving as a volunteer may be terminated from service in
that capacity by the director. (L. 1998 S.B. 743)
1. Every plan, rule and regulation adopted by the governor under
the provisions of this law and every amendment thereof shall be filed in
the office of the secretary of state.
2. Any person violating any rule or regulation adopted under this law
after it has become effective during an emergency or any person or
officer violating any provision of this law shall be deemed guilty of a
misdemeanor. (L. 1951 p. 536 § 26.260, Reenacted L. 1953 p. 553,
Reenacted L. 1955 p. 607)
Sections 44.225 to 44.237 shall be known as the "Seismic Safety
Commission Act". (L. 1993 S.B. 142 § 1)
1. There is hereby created a "Seismic Safety Commission", which
shall be domiciled in the department of public safety.
2. The commission shall consist of seventeen members, one who shall be a
member of the senate appointed by the president pro tem of the senate,
one who shall be a member of the house of representatives appointed by
the speaker of the house of representatives, and fifteen members
appointed by the governor, with the advice and consent of the senate, one
each representing the following professional areas: architecture,
planning, fire protection, public utilities, electrical engineering,
mechanical engineering, structural engineering, soils engineering,
geology, seismology, local government, insurance, business, the American
Red Cross and emergency management.
3. Commission members shall elect annually from its membership a chairman
and vice chairman. A quorum shall consist of nine members. All commission
members shall be residents of the state of Missouri and shall have
reasonable knowledge of issues relating to earthquakes.
4. The term of office for each member of the commission appointed by the
governor shall be four years, except that of the initial appointments,
seven members shall be appointed for a term of two years and eight
members shall be appointed for a term of four years. Any member may be
removed from office by the governor without cause. Before the expiration
of the term of a member appointed by the governor, the governor shall
appoint a successor whose term begins on July first next following. A
member is eligible for reappointment. If there is a vacancy for any
cause, the governor shall make an appointment to become effective
immediately for the unexpired term.
5. Each member of the commission shall serve without compensation but
shall receive fifty dollars for each day devoted to the affairs of the
commission, plus actual and necessary expenses incurred in the discharge
of his official duties.
6. The office of emergency management in the department of public safety
shall provide to the commission all technical, clerical and other
necessary support services. (L. 1993 S.B. 142 § 2, A.L. 1995 S.B. 63)
The commission shall have the authority to:
(1) Accept grants, contributions and appropriations from public agencies,
private foundations or individuals;
(2) Appoint committees from its membership, appoint advisory committees
from interested public and private groups, and appoint ex officio members
who shall not be entitled to vote, to advise the commission;
(3) Contract for or employ, subject to appropriations made for that
purpose, any professional and research services required by the
commission or required for the performance of necessary work and services
which, in the commission's opinion, cannot satisfactorily be performed by
its officers and employees or by other federal, state or local
governmental agencies;
(4) Enter into agreements to act cooperatively with private nonprofit
scientific, educational or professional associations or foundations
engaged in promoting seismic safety in Missouri; and
(5) Do any and all other things necessary to carry out the purposes of
sections 44.225 to 44.237. (L. 1993 S.B. 142 § 3)
The commission shall initiate, with the assistance and
participation of other state, federal and local government agencies, a
comprehensive program to prepare the state for responding to a major
earthquake. The program shall be implemented in order to result in
specific tools or products to be used by governments in responding to an
earthquake, such as educational materials for citizens. This program may
be implemented on a prototypical basis in one area of the state affected
by earthquake predictions, provided that it is useful for application in
other areas of the state upon its completion. (L. 1993 S.B. 142 § 4)
The commission is responsible for all of the following in
connection with earthquake hazard mitigation:
(1) Setting goals and priorities in the public and private sectors;
(2) Requesting appropriate state agencies to devise criteria to promote
earthquake and disaster safety;
(3) Scheduling a report on disaster mitigation issues from the state
emergency management agency, on the commission agenda as required. For
the proposes of this subdivision, the term "disaster" refers to all
natural hazards which could have impact on public safety;
(4) Recommending program changes to state agencies, local agencies and
the private sector where such changes would improve earthquake hazards
and reduction;
(5) Reviewing the recovery and reconstruction efforts after damaging
earthquakes;
(6) Gathering, analyzing and disseminating information;
(7) Encouraging research;
(8) Sponsoring training to help improve the competence of specialized
enforcement and other technical personnel;
(9) Helping to coordinate the earthquake safety activities of government
at all levels;
(10) Establishing and maintaining necessary working relationships with
any boards, commissions, departments and agencies or other public or
private organizations. (L. 1993 S.B. 142 § 5)
To implement its responsibilities, the commission may:
(1) Review state budgets and review grant proposals, other than those
grant proposals submitted by institutions of postsecondary education to
the federal government, for earthquake related activities and to advise
the governor and the general assembly thereon;
(2) Review legislation programs relating to earthquake safety, to advise
the governor and general assembly concerning the proposals and to propose
needed legislation;
(3) Recommend the addition, deletion or changing of state agency
standards when, in the commission's view, the existing situation creates
undue hazards or when new developments would promote earthquake hazard
mitigation, and conduct public hearings as deemed necessary on the
subjects;
(4) In addition, the commission may perform any of the functions
contained in subdivisions (1) to (3) of this section, inclusive, in
relation to other natural disasters. (L. 1993 S.B. 142 § 6)
1. In addition to its responsibilities listed in sections 44.225
to 44.237, the commission shall undertake a study to determine the
feasibility of establishing a comprehensive program of earthquake hazard
reduction having as its purposes the saving of lives and mitigating
damage to property in Missouri.
2. The study shall accomplish the following tasks:
(1) Earthquake hazard reduction. The study shall develop a comprehensive
program for the reduction of earthquake hazards in Missouri. It shall
include, but not necessarily be limited to, the following:
(a) A review of and recommendations for improving the development and
implementation of technically and economically feasible codes, standards
and procedures for the design and construction of new structures and the
strengthening of existing structures so as to increase the earthquake
resistance of structures located in areas of significant seismic hazard;
(b) A review of current methods and recommendations for new methods to
improve the development, publication and promotion, in conjunction with
local officials, research organizations and professional organizations,
of model codes and other means to provide better information about
seismic hazards to guide land-use policy decisions and building activity;
(c) A review of and recommendations for methods, practices and procedures
to educate the public, including local officials, about the nature and
consequences of earthquakes, about procedures for identifying those
locations and structures especially susceptible to earthquake damage and
about ways to reduce and mitigate the adverse effects of an earthquake;
(d) A review of and recommendations for programs and techniques to
improve preparedness for and response to damaging earthquakes with
special attention being given to hazard control measures, pre-earthquake
emergency planning, readiness of emergency services and planning for
post-earthquake reconstruction and redevelopment.
(2) Implementation processes. With respect to implementation of
earthquake hazard reduction, the study shall include the following:
(a) Recommendations for new roles, responsibilities and programs for
state and local agencies, universities, private organizations and
volunteer organizations, including goals, priorities and expenditures of
future state funds specifically identified for the recommended hazards
reduction program;
(b) Recommendations for methods and procedures to disseminate and
implement basic and applied earthquake research in order to achieve
higher levels of seismic safety.
(3) Coordination with other agencies. To the extent it is practical to do
so, the study required by this section shall be coordinated with the
relevant local, regional and federal government agencies, key elements of
the private sector, and at least the following state agencies: state
emergency management agency, division of geology and land survey,
division of design and construction, Missouri housing development
commission, department of natural resources, department of labor and
industrial relations, public service commission, department of health and
senior services, office of the state fire marshal, department of
transportation, department of revenue, office of the adjutant general,
department of insurance, and the department of elementary and secondary
education.
3. The study shall include recommendations for statutory changes and
specific executive actions to be taken by state and local agencies
necessary to establish and implement an earthquake hazards reduction
program for the state of Missouri.
4. The commission shall submit the study to the general assembly by June
30, 1997, or earlier at its discretion. (L. 1993 S.B. 142 § 7, A.L. 1995
S.B. 63)
1. This shall be known and may be cited as the "Emergency Mutual
Aid Compact".
2. The emergency mutual aid compact is hereby enacted into law and
entered into with all other states which adopt the compact in a form
substantially as follows:
EMERGENCY MUTUAL AID COMPACT
ARTICLE I - PURPOSE AND AUTHORITIES
This compact is made and entered into by and between the participating
member states which enact this compact, hereinafter called party states.
For the purposes of this agreement, the term "state" is taken to mean the
several states, the Commonwealth of Puerto Rico, the District of
Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between
the states entering into this compact in managing any emergency or
disaster that is duly declared by the governor of the affected state(s),
whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community
disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities using
equipment and personnel simulating performance of any aspect of the
giving and receiving of aid by party states or subdivisions of party
states during emergencies, such actions occurring outside actual declared
emergency periods. Mutual assistance in this compact may include the use
of the states' National Guard forces, either in accordance with the
National Guard Mutual Assistance Compact or by mutual agreement between
states.
ARTICLE II - GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies
transcend political jurisdictional boundaries and that intergovernmental
coordination is essential in managing these and other emergencies under
this compact. Each state further recognizes that there will be
emergencies which require immediate access and present procedures to
apply outside resources to make a prompt and effective response to such
an emergency. This is because few, if any, individual states have all the
resources they may need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the
participating states, including any resources on hand or available from
the Federal Government or any other source, that are essential to the
safety, care, and welfare of the people in the event of any emergency or
disaster declared by a party state, shall be the underlying principle on
which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the
legally designated state official who is assigned responsibility for
emergency management will be responsible for formulation of the
appropriate interstate mutual aid plans and procedures necessary to
implement this compact. Such plans and any revision thereto shall not
become effective unless submitted to and approved by the general assembly
by concurrent resolution; except that if the general assembly is not in
session, such plans or revisions thereto shall take effect but shall
terminate if the general assembly does not approve of the plan or
revision within thirty calendar days after the general assembly has
convened in regular or special session.
ARTICLE III - PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each party state to formulate
procedural plans and programs for interstate cooperation in the
performance of the responsibilities listed in this article. In
formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
i. Review individual state hazards analyses and, to the extent reasonably
possible, determine all those potential emergencies the party states
might jointly suffer, whether due to natural disaster, technological
hazard, man-made disaster, emergency aspects of resource shortages, civil
disorders, insurgency, or enemy attack.
ii. Review party states' individual emergency plans and develop a plan
which will determine the mechanism for the interstate management and
provision of assistance concerning any potential emergency.
iii. Develop interstate procedures to fill any identified gaps and to
resolve any identified inconsistencies or overlaps in existing or
developed plans.
iv. Assist in warning communities adjacent to or crossing the state
boundaries.
v. Protect and assure uninterrupted delivery of services, medicines,
water, food, energy and fuel, search and rescue, and critical lifeline
equipment, services, and resources, both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of
human and material resources, together with procedures for reimbursement
or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension
of any statutes or ordinances that restrict the implementation of the
responsibilities of this compact*.
B. The authorized representative of a party state may request assistance
of another party state by contacting the authorized representative of
that state. The provisions of this agreement shall only apply to requests
for assistance made by and to authorized representatives. Requests may be
verbal or in writing. If verbal, the request shall be confirmed in
writing within 30 days of the verbal request. Requests shall provide the
following information:
i. A description of the emergency service function for which assistance
is needed, such as but not limited to fire services, law enforcement,
emergency medical, transportation, communications, public works and
engineering, building inspection, planning and information assistance,
mass care, resource support, health and medical services, and search and
rescue.
ii. The amount and type of personnel, equipment, materials and supplies
needed, and a reasonable estimate of the length of time they will be
needed.
iii. The specific place and time for staging of the assisting party's
response and a point of contact at that location.
C. There shall be frequent consultation between state officials who have
assigned emergency management responsibilities and other appropriate
representatives of the party states with affected jurisdictions and
United States Government, with free exchange of information, plans, and
resource records relating to emergency capabilities.
ARTICLE IV - LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and
training for mutual aid shall take such action as is necessary to provide
and make available the resources covered by this compact in accordance
with the terms hereof; provided that it is understood that the state
rendering aid may withhold resources to the extent necessary to provide
reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state,
while operating within its state limits under the terms and conditions of
this compact, the same powers (except that of arrest unless specifically
authorized by the receiving state), duties, rights, and privileges as are
afforded forces of the state in which they are performing emergency
services. Emergency forces will continue under the command and control of
their regular leaders, but the organizational units will come under the
operational control of the emergency services authorities of the state
receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or disaster by the
governor of the party state that is to receive assistance or commencement
of exercises or training for mutual aid and shall continue so long as the
exercises or training for mutual aid are in progress, the state of
emergency or disaster remains in effect or loaned resources remain in the
receiving state(s), whichever is longer.
ARTICLE V - LICENSES AND PERMITS
Whenever any person holds a license, certificate, or other permit issued
by any state party to the compact evidencing the meeting of
qualifications for professional, mechanical, or other skills, and when
such assistance is requested by the receiving party state, such person
shall be deemed licensed, certified, or permitted by the state requesting
assistance to render aid involving such skill to meet a declared
emergency or disaster, subject to such limitations and conditions as the
governor of the requesting state may prescribe by executive order or
otherwise.
ARTICLE VI - LIABILITY
Officers or employees of a party state rendering aid in another state
pursuant to this compact shall be considered agents of the requesting
state for tort liability and immunity purposes; and no party state or its
officers or employees rendering aid in another state pursuant to this
compact shall be liable on account of any act or omission in good faith
on the part of such forces while so engaged or on account of the
maintenance or use of any equipment or supplies in connection therewith.
Good faith in this article shall not include willful misconduct, gross
negligence, or recklessness.
ARTICLE VII - SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery
for mutual aid among two or more states may differ from that among the
states that are party hereto, this instrument contains elements of a
broad base common to all states, and nothing herein contained shall
preclude any state from entering into supplementary agreements with
another state or affect any other agreements already in force between
states. Supplementary agreements may comprehend, but shall not be limited
to, provisions for evacuation and reception of injured and other persons
and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications personnel,
equipment and supplies.
ARTICLE VIII - COMPENSATION
Each party state shall provide for the payment of compensation and death
benefits to injured members of the emergency forces of that state and
representatives of deceased members of such forces in case such members
sustain injuries or are killed while rendering aid pursuant to this
compact, in the same manner and on the same terms as if the injury or
death were sustained within their own state.
ARTICLE IX - REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to or expense incurred in the operation of any equipment and the
provision of any service in answering a request for aid and for the costs
incurred in connection with such requests; provided, that any aiding
party state may assume in whole or in part such loss, damage, expense, or
other cost, or may loan such equipment or donate such services to the
receiving party state without charge or cost; and provided further, that
any two or more party states may enter into supplementary agreements
establishing a different allocation of costs among those states. Article
VIII expenses shall not be reimbursable under this provision.
ARTICLE X - EVACUATION
Plans for the orderly evacuation and interstate reception of portions of
the civilian population as the result of any emergency or disaster of
sufficient proportions to so warrant, shall be worked out and maintained
between the party states and the emergency management/services directors
of the various jurisdictions where any type of incident requiring
evacuations might occur. Such plans shall be put into effect by request
of the state from which evacuees come and shall include the manner of
transporting such evacuees, the number of evacuees to be received in
different areas, the manner in which food, clothing, housing, and medical
care will be provided, the registration of the evacuees, the providing of
facilities for the notification of relatives or friends, and the
forwarding of such evacuees to other areas or the bringing in of
additional materials, supplies, and all other relevant factors. Such
plans shall provide that the party state receiving evacuees and the party
state from which the evacuees come shall mutually agree as to
reimbursement of out-of-pocket expenses incurred in receiving and caring
for such evacuees, for expenditures for transportation, food, clothing,
medicines and medical care, and like items. Such expenditures shall be
reimbursed as agreed by the party state from which the evacuees come.
After the termination of the emergency or disaster, the party state from
which the evacuees come shall assume the responsibility for the ultimate
support of repatriation of such evacuees.
ARTICLE XI - IMPLEMENTATION
A. This compact shall become operative immediately upon its enactment
into law by any two (2) states; thereafter, this compact shall become
effective as to any other state upon its enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 30
days after the governor of the withdrawing state has given notice in
writing of such withdrawal to the governors of all other party states.
Such action shall not relieve the withdrawing state from obligations
assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary
agreements as may be entered into shall, at the time of their approval,
be deposited with each of the party states and with the Federal Emergency
Management Agency and other appropriate agencies of the United States
Government.
ARTICLE XII - VALIDITY
This section shall be construed to effectuate the purposes stated in
Article I hereof. If any provision of this compact* is declared
unconstitutional, or the applicability thereof to any person or
circumstances is held invalid, the constitutionality of the remainder of
this section and the applicability thereof to other persons and
circumstances shall not be affected thereby.
ARTICLE XIII - ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military
force by the National Guard of a state at any place outside that state in
any emergency for which the President is authorized by law to call into
federal service the militia, or for any purpose for which the use of the
Army or the Air Force would in the absence of express statutory
authorization be prohibited under Section 1385 of title 18, United States
Code. (L. 1996 S.B. 740 §§ 1, 2)
*Words "of this compact" do not appear in original rolls.
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