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Ex. DUT-MO-005 Standing duty Primary source read

RSMo 44.100

Emergency powers of governor

Missouri General Assembly (Revised Statutes of Missouri, chapter 44, Civil Defense / Emergency Management) · Missouri (State)

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The record

Jurisdiction
Missouri
Level
State
Authority
Legislative enactment (sections 44.010 to 44.130, the emergency-management law)
Issued
2008-08-28 Aug. 28, 2008
Effective
standing (operative 'only during the existence of a state of emergency': Executive Order 20-02 of Mar. 13, 2020, Ex. MO-001, extended by Exs. MO-012, MO-014, MO-016, MO-018, terminated Aug. 27, 2021 by Ex. MO-020, which declared a health-care staffing emergency to Dec. 31, 2021) (read as 2020-03-13)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 13, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationWorkplace rulesSupply chainStanding duty
Addressees
  • the Governor (a duty to enforce); State and local law enforcement; persons generally and all businesses subject to the orders, rules and regulations made under the law
Character
statutory duty
Collection
Standing duties: Missouri DUT-MO

Operative words

During the period that the state of emergency exists or continues, the governor shall:... (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

Penalty

RSMo 44.130.2: a misdemeanor for any person violating any rule or regulation adopted under the law during an emergency (Ex. DUT-MO-006)

What it required

During the proclaimed emergency the Governor was commanded to enforce the emergency rules and to direct State and local law enforcement to secure compliance with the orders, rules and regulations made under the law; the section also empowered him to 'control, restrict and regulate... the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services,' to 'prescribe and direct activities' in health and medical care, industrial plants and other essential civil needs, and to waive licensing and procedural rules (the source of Executive Orders 20-04, 20-05, 20-08 and 20-14, Exs. MO-002, MO-010, MO-011, MO-015).

Retrieval note

Rendered from the Revisor on Sept. 28, 2026 (507,422 bytes). Unamended since 2008. Executive Order 20-02 (Ex. MO-001) invoked chapter 44; each DHSS order preserved firearms rights 'pursuant to section 44.101, RSMo.' The statewide COVID-19 orders were issued by the DHSS Director under chapter 192 rather than by the Governor under § 44.100, so the § 44.130 penalty attaches to the Governor's executive orders and to rules adopted under chapter 44, while § 192.320 and § 192.300.4 attach to the health orders.