Gov. Nixon Agrees with Alternative Interpretation of Appropriation Authority Offered by Legislative Leaders, Making Special Session Unnecessary

Press Release

Gov. Jay Nixon today announced that a special session will not be necessary after agreeing with an alternative interpretation of current appropriation authority offered by legislative leadership. Consistent with this reading of the law, the Governor will be using existing appropriations for the State Emergency Management Agency in HB 2008, Section 8.290 to fund the ongoing operations of the Missouri National Guard and the Missouri State Highway Patrol in Ferguson and the St. Louis region.

"We have an obligation to the people of Missouri and to the law enforcement officers and citizen-soldiers who are working tirelessly to protect them," said Gov. Nixon. "This interpretation of the law will allow these essential public safety operations to be funded without the need for a special session."

The appropriation language in Section 8.290 has been traditionally interpreted as limited to the use of matching grants and exclusively for the expenses of the State Emergency Management Agency. Costs resulting from civil unrest are not eligible for federal reimbursement under a federal disaster declaration.

However, in a letter to all senators, Senate Appropriations Chairman Sen. Kurt Schaefer wrote that the state could use the $12.5 million appropriation in Section 8.290 for costs incurred during an emergency. "After researching this issue and discussing it with appropriations staff, I can find no apparent reason why the Governor cannot use this appropriation for either the Guard or Patrol given that he has declared a state of emergency in responding to Ferguson," Schaefer wrote.

In a joint statement today, the House and Senate leadership have indicated they agree with this interpretation, saying "they believe the governor currently has the resources and authority to spend the necessary dollars to provide security to the communities of Ferguson and greater St. Louis."

The Governor's agreement with this interpretation negates the need for a special session for the expenses of the National Guard and the Highway Patrol in providing enhanced security in Ferguson and the St. Louis region.

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