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Nixon agrees with Schaefer, no special session

JEFFERSON CITY, Mo. – Gov. Jay Nixon has announced a special session will not be necessary after agreeing with an alternative interpretation of current appropriation authority offered by legislative leadership, led in an outspoken effort by Sen. Kurt Shaefer (R-Columbia).

Gov. Nixon announced Friday he would be calling a special session in order to address the need to fund the Missouri National Guard, which is now over budget due to providing security in the St. Louis area. Without legislative action, the state would not be able to make payroll for the Guardsmen and women deployed to the region.

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.”

Schaefer
Schaefer

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.

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.

In a joint statement today, the House and Senate leadership 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.