On Sunday, Governor Jay Nixon declared a State Of Emergency for the entire state of Missouri, after a weekend of heavy rains has swollen creeks and rivers and left parts of the state in dire straits. But what is the point of declaring a State Of Emergency?
The declaration doesn’t diminish swollen rivers, but it does temporarily swell the power of the executive branch—particularly the governor. And it’s up to the governor to declare when the State Of Emergency has ended. Nixon has set the expiration for the current State Of Emergency for Jan. 22, 2015.
The Revised Statutes for the State of Missouri make clear the powers of the governor when it comes to natural or man-made disasters in the state.
Here are five of the governor's numerous temporary powers from Dec. 27, 2015 – Jan. 22, 2016. Governor Nixon can:
1. Tap into the Missouri Disaster Fund and direct how funds ought to be spent. The director of the state emergency management agency is in charge of administering the fund.
(44.032.1)
http://www.moga.mo.gov/mostatutes/stathtml/04400000321.html
2. Waive rules about who is allowed to dispense medication
This allows volunteers “recruited, trained, and accepted by the department [of health and senior services]” to help distribute medicine legally during a disaster.
(44.105.1)
http://www.moga.mo.gov/mostatutes/stathtml/04400001051.html
3. Waive all rules that require professional or mechanical certifications or licenses
(44.100.1)
http://www.moga.mo.gov/mostatutes/stathtml/04400001001.html
4. Override the activities, functions and duties of counties and cities and direct their employees to help with emergency management functions.
(44.110.1)
http://www.moga.mo.gov/mostatutes/stathtml/04400001101.html
5. Seize publicly and privately held property:
- Any means of transportation and corresponding fuel, other than railroads
- Any communication system
- Buildings for housing, feeding, and hospitalizing people
(44.100.1)
http://www.moga.mo.gov/mostatutes/stathtml/04400001001.html
It’s worth noting there is some accountability for the seizure of property. 44.100.2 provides a process for property owners to be compensated under eminent domain provisions for any damage or loss they sustained due to property being seized during an emergency.
But here's one thing the governor can’t do: RSMO 44.101.1 emphasizes no one—neither “the state, any political subdivision, or any person”—may prohibit the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency.
