Emergency Operations Plan (State) (Rescinded October 30, 2019)

AUTHORITY: sections 44.010 to 44.130, RSMo 1994. Original rule filed Sept. 10, 1969, effective Sept. 20, 1969. Amended: Filed Feb. 4, 1983, effective May 15, 1983. Amended: Filed Jan. 9, 1996, effective July 30, 1996. Rescinded: Filed March 1, 2019, effective Oct. 30, 2019. Op. Atty. Gen. No. 58, Wilson (3-14-79). Irrespective of the number or contiguity, counties may, by county court order duly made and entered, participate in cooperative agreements under article VI, section 16 of the Missouri Constitution and sections 70.210, RSMo, respecting the establishment of a common disaster planning program required by section 44.080, RSMo, and may share the cost of the disaster planning office, director and staff thus established. Op. Atty. Gen. No. 6, Weier (5-13-70). When the citizens of a county are threatened by a disaster, the county court has the authority to activate the county’s civil defense personnel without requesting authority from the governor; the persons so activated have all rights, duties and responsibilities granted them under Chapter 44, RSMo (1969) and by the rules thereunder. Op. Atty. Gen. No. 73, Antoine (8-1-68). The Missouri Civil Defense Act (Chapter 44, RSMo) envisions autonomous local civil defense organization in those political subdivisions defined by the law. Therefore, the county civil defense agency has duties and responsibilities only within the areas of the county lying outside any of the statutorily defined political subdivisions having their own local organization for disaster planning. Op. Atty. Gen. No. 58, McDaniel (11-14-53). The same rules of negligence are applicable to volunteer participants in the civil defense program as are applied to private individuals in the conduct of their daily affairs, however no liability would be imposed upon such volunteers who, in the exercise of due care, cause damage to property under a lawful order issued by some authority constituted under the Civil Defense Law to act in time of emergency.