Missouri Statute | Act | Code |Military Affairs And Police| US Code - US Statute

It is the intent of this chapter, which shall hereafter be known
as the "Missouri Military Code", to provide for the state militia and for
the organization, equipment, regulations and functions thereof to conform
as nearly as practicable to the laws and regulations for the formation
and government of the armed forces of the United States. (L. 1951 p. 654
§ 1)

All acts of the Congress of the United States providing for the
administration, control, equipment, government and organization of the
armed forces of the United States, together with the rules and
regulations promulgated thereunder, now in effect and hereafter enacted
or promulgated, may by appropriate rules and regulations be adopted by
the governor for the operation and regulation of the militia of the state
insofar as the same are not inconsistent with rights reserved to this
state under the constitution of the state and provisions of this code.
(L. 1951 p. 654 § 2)

1. The word "militia" as used in this code means all the active
and potential military forces of the state, whether organized or
unorganized.

2. Whenever reference is made in the articles of Uniform Code of Military
Justice to the "military service" or to the "armed forces" of the United
States the reference is deemed to include the military service and
militia of this state. (L. 1951 p. 654 §§ 3, 4, A.L. 1961 p. 479)

1. The "Antiterrorism Fund" is hereby established within the
state treasury. The state treasurer shall be custodian of the fund, in
accordance with sections 30.170 and 30.180, RSMo, and shall make
disbursements from said fund for the purposes enumerated in subsection 2
of this section. All contributions derived from section 301.3123, RSMo,
private donations and grants, or any appropriations made by the general
assembly, shall be placed in the antiterrorism fund. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, moneys in the
antiterrorism fund shall not revert to the general revenue fund. Interest
accruing to the antiterrorism fund shall be part of the fund.

2. The antiterrorism fund shall, upon appropriation, be used by the
Missouri office of homeland security for antiterrorism activities.
Expenditures from the fund shall be made upon the direction of the
governor for antiterrorism activities. As used in this section, the term
"antiterrorism activities" means activities related to the prevention,
detection, and emergency response to terrorism that are undertaken by
state and local law enforcement, fire protection, and public health
agencies. The funds provided for these activities, to the extent that
funds are available, shall be used exclusively for purposes directly
related to fighting terrorism. Eligible activities include, but are not
limited to, hiring support staff to perform administrative tasks, hiring
and training additional law enforcement, fire protection, and public
health personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and hazardous
materials and other equipment expenditures. (L. 2003 S.B. 4)

The militia of the state of Missouri, which includes the adjutant
general and his office, constitutes the military division of the
executive department of the state government, under the direct control of
the governor. (L. 1951 p. 654 § 5)

CROSS REFERENCE: Commander in chief of militia, Const. Art. IV § 6

The militia of the state shall include all able-bodied citizens
and all other able-bodied residents, who, in the case of the unorganized
militia and the Missouri reserve military force, shall be more than
seventeen years of age and not more than sixty-four, and such other
persons as may upon their own application be enrolled or commissioned
therein, and who, in the case of the organized militia, shall be within
the age limits and possess the physical and mental qualifications
prescribed by law or regulations for the reserve components of the armed
forces of the United States, except that this section shall not be
construed to require militia service of any persons specifically exempted
by the laws of the United States or the state of Missouri. (L. 1951 p.
654 § 7)

The following persons shall be exempt from militia service:

(1) Persons exempt from militia service by the laws of the United States;

(2) Regular or duly ordained ministers of religion, or duly elected
church officials regularly conducting church services, or those
recognized by their church as devoting the major portion of their time to
the practice of religion;

(3) Students preparing for the ministry in recognized theological or
divinity schools. (L. 1951 p. 654 § 8)

1. The militia of the state is divided into two classes, the
organized militia and the unorganized militia.

2. The organized militia shall consist of the following:

(1) Such elements of the land and air forces of the National Guard of the
United States as are allocated to the state by the President or the
Secretary of Army or Air, and accepted by the state, hereinafter to be
known as the national guard and the air national guard;

(2) Such elements of the reserve naval forces of the United States as are
allocated to the state by the President or the Secretary of the Navy, and
accepted by the state, hereinafter called the naval militia; and the

(3) Missouri reserve military force, when organized.

3. The unorganized militia shall consist of all persons liable to serve
in the militia but not commissioned or enlisted in the organized militia.
(L. 1951 p. 654 § 6)

1. The national guard, the air national guard and the naval
militia will be organized in accordance with the allocations therefor
accepted from the federal government.

2. The national guard, the air national guard and the naval militia shall
be organized as prescribed in the tables of organization and instructions
applicable to those elements of the organized militia of the United
States as are allocated to the state.

3. The reserve military force when organized shall be of the strength and
composition prescribed by the governor, and before entering upon such
services every member shall take and subscribe to the following oath:

"I, ........., do solemnly swear that I will support and

defend the Constitution of the United States and the state

of Missouri against all enemies, foreign and domestic; that

I will bear true faith and allegiance to the same; that I

will obey the orders of the governor of Missouri and the

officers appointed over me, according to law; and I take

this obligation freely, without any mental reservation or

purpose of evasion, and that I will well and faithfully

discharge my duties as a member of the organized militia of

the state of Missouri upon which I am about to enter, so

help me God." (RSMo 1939 § 15029, A.L. 1951 p. 654 § 33, A.L. 1953 p. 561)

Prior revisions: 1929 § 13836; 1919 § 7364

The governor shall make and publish such regulations governing
the organization, discipline and training of the militia of the state as
may be necessary to the efficiency thereof, and such regulations shall
have the authority of law, provided that in the case of the national
guard, or air national guard and naval militia, regulations promulgated
by the governor shall conform to the statutes and regulations of the
United States concerning the same. (RSMo 1939 § 15059, A.L. 1951 p. 654 §
18)

Prior revisions: 1929 § 13866; 1919 § 7381

Whenever in his judgment the efficiency of the militia will be
increased thereby, or in the case of the national guard, air national
guard and naval militia to make same conform to any tables of
organization or a system of training prescribed by laws of the United
States or by regulations promulgated thereunder for the organization and
training of the national guard, air national guard or of the naval
militia, the governor may organize, reorganize, change, consolidate or
disband any organization, staff corps, department or detachment of the
organized militia. (RSMo 1939 § 15023, A.L. 1951 p. 654 § 19)

Prior revisions: 1929 § 13830; 1919 § 7358

The organization, discipline and government of the reserve forces
and the rights and benefits of the members thereof shall be the same as
prescribed by this act for the organized reserve forces and for the
national guard and air national guard with such general exceptions as the
governor, upon the recommendation of the military council, shall
authorize. (RSMo 1939 § 15021, A.L. 1951 p. 654 § 91)

Prior revisions: 1929 § 13828; 1919 § 7356

The governor of the state, by virtue of his office, is the
commander in chief of the militia of the state, except such portion
thereof as may at times be in the service of the United States. (RSMo
1939 § 15015, A.L. 1951 p. 654 § 9)

Prior revisions: 1929 § 13822; 1919 § 7350

The governor may appoint an honorary staff to consist of such
number of honorary aides with the brevet title of military colonel or
naval captain as he may desire. (RSMo 1939 § 15015, A.L. 1951 p. 654 § 10)

Prior revisions: 1929 § 13822; 1919 § 7350

1. There shall be an adjutant general of the state appointed by
the governor by and with the advice and consent of the senate who, at the
time of his appointment, has not less than ten years of previous military
service as a commissioned officer with the military forces of this state,
or the United States, or in any or all of such services combined, five
years of the service being in field grade. His appointment as adjutant
general shall not vacate his commission in the organized militia if the
person appointed holds such commission.

2. The adjutant general shall have the rank designated by the governor
and shall receive eighteen thousand dollars per annum. He shall make bond
before entering upon the duties of his office in the sum of twenty
thousand dollars, conditioned upon the faithful performance of his
duties, to be approved by and filed in the office of the governor. (RSMo
1939 § 15016, A.L. 1951 p. 654 §§ 21, 22, A.L. 1953 p. 561, A.L. 1961 p.
481, A.L. 1967 p. 118, A.L. 1971 H.B. 600, A.L. 1980 H.B. 1266)

Prior revisions: 1929 § 13823; 1919 § 7351

CROSS REFERENCE: Assigned to department of public safety, RSMo 650.005

The adjutant general may assign two assistant adjutants general
in the grade of brigadier general or below, one from the ground forces
and the other from the air forces of this state, as well as a third
assistant adjutant general in the grade of major general or below from
the air forces of this state, who, at the time of their appointment, have
not less than four years of previous military service as a commissioned
officer with the military forces of this state, another state or
territory, the District of Columbia or the United States, or in any or
all such services combined. The assistant adjutants general shall perform
such duties as are assigned by the adjutant general; and during the
absence of the adjutant general from the state, and during any period
when the adjutant general is unable to perform such duties, the senior
assistant adjutant general may perform the duties of the adjutant
general. The assistant adjutants general shall serve in the grade and
receive such compensation as the adjutant general determines. (L. 1951 p.
654 § 24, A.L. 1953 p. 561, A.L. 1961 p. 479, A.L. 2002 H.B. 2047)

1. The adjutant general shall be the military secretary and chief
of staff to the commander in chief and the administrative head of the
military establishment of the state.

2. The adjutant general shall, under direction of the governor, be
charged with the supervision of all matters pertaining to the
administration, discipline, mobilization, organization and training of
the organized militia of the state.

3. The adjutant general shall perform all duties required of the adjutant
general by the laws of the United States and of the state, and the
regulations issued pursuant to such laws, now or hereafter promulgated,
and such duties as pertain to the function of the chief of staff.

4. The adjutant general shall supervise the preparation and submission of
all returns and reports pertaining to the militia of the state as may be
required by the United States.

5. The adjutant general shall be the channel of military correspondence
with the governor and shall have custody of all military records,
correspondence and other military documents.

6. The adjutant general shall make an annual report to the governor at
such time as the governor may require, setting forth the transaction of
the office of the adjutant general, the strength and condition of the
organized militia, including results of latest federal inspections, and
such other matters as the adjutant general may deem important or may be
requested by the governor.

7. The adjutant general shall record, authenticate and communicate to
troops and individuals of the militia all orders, instructions and
regulations.

8. The adjutant general shall cause to be procured, printed and
circulated to those concerned all books, blank forms, laws, regulations
or other publications governing the militia needful to the proper
administration, operation and training thereof or to carry into effect
the provisions of this code.

9. The adjutant general shall collect and maintain the personnel records
of the organized militia, to include all records of the Missouri national
guard not in federal service, and shall keep on file in the office of the
adjutant general complete records of the enrollment, commissions and
service of all officers and enlisted members thereof.

10. The adjutant general shall have an appropriate seal of office and
affix its impression to all certificates of record issued from the office
of the adjutant general.

11. The adjutant general shall perform such other military duties, not
otherwise assigned, as may be ordered by the governor.

12. The adjutant general shall direct the inspector general of state
headquarters to conduct an annual inspection of the state militia fiscal
and property account.

13. The adjutant general shall have control of all armories that are
owned, erected, purchased, leased or provided by the state. The adjutant
general, in the name of the state of Missouri, may acquire by purchase
and may receive by donation or dedication any property which may be used
for military purposes. For the control and management of armories
described in this section, the adjutant general may establish armory
boards, the personnel of which shall serve without pay. Such boards,
subject to the direction of the adjutant general, shall control, manage
and supervise all activities in such armories and may rent such armories
to persons or organizations not connected with the organized militia. All
moneys received from the rental of such armories shall be credited to the
adjutant general's revolving fund, or to such political subdivisions as
such armory boards, subject to the direction of the adjutant general, may
direct. (L. 1951 p. 654 § 23, A.L. 1982 S.B. 715, A.L. 1991 S.B. 358,
A.L. 1999 H.B. 326)

The adjutant general shall compile and maintain from the original
muster rolls in his office and such additional sources as he can command,
a complete alphabetical list of those persons who served in the wars of
the United States, who at time of entry into service were residents of
the state or territory of Missouri, and including the War of 1812, the
Mexican War, the Indian Wars, the war between the states, the
Spanish-American War, the Philippine War, Mexican Border Service, World
War I, World War II, and any subsequent war, and shall include therein
the military history of each person as complete as can be obtained. In
his office shall likewise be kept the colors, standards and battle flags
of the troops. He shall furnish a certificate of war service, on request,
without charge to any veteran or lineal descendant of a veteran. (RSMo
1939 §§ 15016, 15077, 15078, A.L. 1951 p. 654, § 26, A.L. 1959 H.B. 110 §
41.230)

Prior revision: 1929 §§ 13823, 13884, 13885

The adjutant general shall appoint a commissioner of war service
records and such additional clerical and stenographic help as may be
necessary to the compilation and maintenance of the records and issuance
of certificates provided for in the preceding section. The commissioner
of war service records shall receive such salary as the adjutant general
determines. The commissioner and all appointees employed in performing
duties provided for in the preceding section shall be war veterans who
entered service from this state and who are residents of the state at
time of such appointment. (RSMo 1939 § 15016, A.L. 1951 p. 654 § 27)

Prior revisions: 1929 § 13823; 1919 § 7351

The adjutant general may assign such additional officers, and
employ such clerical, janitorial, messenger, stenographic and technical
assistance as may be necessary to the proper conduct of his office. Such
officers and employees shall receive salaries in amounts as fixed by the
adjutant general, within the limits of appropriations made for such
salaries. (L. 1951 p. 654 § 25)

The adjutant general may exhibit, at such times and places as he
may see fit, the equipment and property of the organized militia and may
give demonstrations thereof with the aid of personnel selected therefor.
(L. 1951 p. 654 § 28)

1. There is hereby created in the state treasury the "Adjutant
General's Revolving Fund", which shall be administered by the adjutant
general. All funds received by the adjutant general from persons or
organizations not connected with the organized militia for rental of
armories pursuant to section 41.160 shall be credited to the fund. The
state treasurer is the custodian of the fund and shall approve
disbursements from the fund at the request of the adjutant general.

2. Any unexpended balance in the fund at the end of the fiscal year shall
be exempt from the provisions of section 33.080, RSMo, relating to the
transfer of unexpended balances to the general revenue fund. (L. 1951 p.
654 §§ 30, 31, A.L. 1982 S.B. 715)

Effective: 4-30-82

1. There is hereby created in the state treasury the "Missouri
National Guard Training Site Fund", which shall be administered by the
adjutant general. All funds received by the adjutant general from fees
charged for the use of national guard training sites by persons or
organizations not connected with the organized militia shall be
transmitted to the director of revenue for deposit in the fund and shall,
upon appropriation by the general assembly, be used by the adjutant
general for the sole purpose of training site facility operating costs
associated with such use. The state treasurer is the custodian of the
fund and shall issue warrants from the fund at the request of the
adjutant general after approval for payment is made by the commissioner
of administration.

2. Any unexpended balance in the fund at the end of the fiscal year shall
be exempt from the provisions of section 33.080, RSMo, relating to the
transfer of unexpended balances to the general revenue fund. (L. 1994
S.B. 460)

Effective 5-10-94

1. There is established in the state treasury a special trust
fund, to be known as the "Missouri National Guard Trust Fund". The state
treasurer shall credit to and deposit in the Missouri national guard
trust fund all amounts received pursuant to section 143.1003, RSMo, and
section 313.835, RSMo, and any other amounts which may be received from
grants, gifts, bequests, the federal government or other sources granted
or given for this specific purpose.

2. The state treasurer shall invest moneys in the Missouri national guard
trust fund in the same manner as surplus state funds are invested
pursuant to section 30.260, RSMo. All earnings resulting from the
investment of moneys in the Missouri national guard trust fund shall be
credited to the Missouri national guard trust fund.

3. Until the amount in the Missouri national guard trust fund exceeds one
million dollars, not more than one-half of the money deposited in the
Missouri national guard trust fund each year, plus all earnings from the
investment of moneys in the trust fund credited during the previous
fiscal year, shall be available for disbursement by the office of the
adjutant general in accordance with sections 41.010 to 41.1000 and
section 143.1003, RSMo. When the state treasurer certifies that the
assets in the Missouri national guard trust fund exceed one million
dollars, then, from that time on, all credited earnings plus all future
annual deposits to the fund shall be available for disbursement by the
office of the adjutant general within the limits of appropriations and
for the purposes provided by sections 41.010 to 41.1000, section
143.1003, RSMo, and section 173.239, RSMo. The general assembly may
appropriate moneys annually from the Missouri national guard trust fund
to the department of revenue to offset costs incurred for collecting and
transferring funds pursuant to section 143.1003, RSMo. Moneys
appropriated to the department of revenue for such costs shall be
reasonable and shall not exceed five percent of the revenues credited to
the fund pursuant to subsections 1 and 2 of this section during the
preceding fiscal year.

4. Except as provided in subsection 5 of this section, funds appropriated
by the general assembly from the Missouri national guard trust fund shall
only be used by the office of the adjutant general for purposes
authorized pursuant to sections 41.010 to 41.1000, section 143.1003,
RSMo, and section 173.239, RSMo.

5. Funds received from gifts, bequests, contributions, other than
contributions made pursuant to section 143.1003, RSMo, grants and federal
funds may, subject to appropriation, be used and expended by the office
of the adjutant general for such purposes as may be specified in any
requirements, terms or conditions attached thereto or, in the absence of
any specific requirements, terms or conditions, as the office of the
adjutant general may determine for any lawful purpose.

6. The provisions of section 33.080, RSMo, requiring all unexpended
balances remaining in various state funds to be transferred and placed to
the credit of the general revenue fund of this state at the end of each
biennium shall not apply to the Missouri national guard trust fund. (L.
1998 H.B. 1519 & 1165)

CROSS REFERENCE: Donation of a portion of income tax refund to the
Missouri national guard trust fund, RSMo 143.1003 Gaming commission fund
to transfer moneys to the Missouri national guard trust fund, when,
amount, RSMo 313.835

1. Subject to appropriation and upon the recommendation of a
panel consisting of a command sergeants major of the Missouri national
guard, a command sergeants major of a reserve component or its
equivalent, and a representative of the Missouri veterans commission who
shall establish criteria for the grants by the promulgation of rules and
regulations, the adjutant general shall have the power to make grants
from the Missouri military family relief fund to families of persons who
are members of the Missouri national guard or Missouri residents who are
members of the reserves of the armed forces of the United States and who
have been called to active duty as a result of the September 11, 2001,
terrorist attacks.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2005, shall be invalid and void. (L. 2005 H.B. 437)

The "Missouri Military Family Relief Fund" is hereby created in
the state treasury and shall consist of all gifts, donations,
appropriations, transfers, and bequests to the fund. The adjutant general
shall have the power to make grants from the fund, as specified under
subsection 1 of section 41.216. Notwithstanding the provisions of section
33.080, RSMo, to the contrary, moneys in the Missouri military family
relief fund shall not be transferred to the credit of the general revenue
fund at the end of the biennium. Interest and moneys earned on the fund
shall be credited to the fund. Moneys in the fund shall be used for the
purpose of funding the provisions of section 41.216. (L. 2005 H.B. 437)

1. There shall be a military council consisting of the adjutant
general as president of the council, general officers, the commanding
officers of all brigades, wings, or groups, and any other officer or
officers the adjutant general may deem desirable or necessary, and an
officer appointed by the adjutant general from his office to act as
recorder without vote. The senior United States Army and United States
Air Force advisors on duty with the organized state militia, the
comptroller of the state military forces and the United States Property
and Fiscal Officer shall be ex officio members without vote. The adjutant
general shall appoint the members of the military council on general
orders annually. These orders will be amended as necessary. Members of
the military council shall receive actual and necessary expenses for
attending meetings thereof.

2. It shall be the duty of this council to act in an advisory capacity to
the commander in chief on all matters placed before it by the governor,
the adjutant general or any member of the council and to submit
recommendations thereon to the governor, which shall become effective
only upon his approval. The military council shall determine and
authorize the number of regular and temporary employees necessary to the
administration and supply of the military forces and fix the pay and
allowances of the employees within the limitations of appropriations. It
shall be the further duty of the council to make recommendations on the
needs of the militia for legislative appropriations, and no request for
appropriations of public money for the support of the militia, other than
a request by the governor or by a member of the general assembly, shall
be made without the recommendation of the council being noted thereon for
the information of the governor and the legislature. All appropriations
made for military purposes shall be apportioned and expended by the
council. Vouchers and accounts covering the expenditure of funds and
appropriations for the support of the militia shall be approved and paid
only when fully itemized, certified and approved by the president of the
council.

3. The council shall meet quarterly at the City of Jefferson at such time
as the president shall designate. Special meetings may be called by the
governor or the president of the council at any time or place designated.
A majority of the members of the council on duty within the state shall
constitute a quorum for the transaction of its business. The council
shall keep full and detailed records of its proceedings. The president of
the council in an unusual emergency is authorized to poll the members of
the military council and require them to cast their vote through whatever
means of communications are available to them and the action taken in
that manner shall have the same force and effect as a quarterly or
special meeting when the poll will expedite recommendations on and
furnish advice in the conduct of the affairs of the militia of this state
to a better state of preparedness. (RSMo 1939 § 15017, A.L. 1951 p. 654 §
32, A.L. 1972 H.B. 599)

Prior revisions: 1929 § 13824; 1919 § 7352

1. There shall be a United States property and disbursing officer
to be appointed or assigned as may be provided in federal regulations for
the government of the national guard and air national guard of the United
States.

2. He shall be provided with adequate office facilities located at
Jefferson City or at the site of the principal military warehouses or
training grounds for the national guard as will in the judgment of the
adjutant general best serve the needs of the organized militia.

3. Said United States property and disbursing officer shall secure,
receive, disburse, issue and account for all United States funds, arms,
uniforms, equipment and supplies as are requested by the governor for use
of the organized militia. He shall maintain complete and accurate
records, in the manner prescribed by federal regulations, of all funds
and property granted or loaned to the state for use of the organized
militia and such records shall constitute the official records of the
federally owned military property for which the state shall be
responsible to the United States. He shall perform such additional duties
and exercise such powers and authority as may be vested in him by federal
regulations, or as may be assigned by the adjutant general. He shall be
provided such assistants, clerical, stenographic, shop, technical and
warehouse personnel as may be necessary to the proper discharge of his
duties.

4. Officer personnel and other employees shall receive such salaries as
the adjutant general determines; provided that state funds shall be used
for salaries or other expense of the office of the United States property
and disbursing officer only to the extent federal funds therefor are not
available. (RSMo 1939 § 15016, A.L. 1951 p. 654 § 29)

Prior revisions: 1929 § 13823; 1919 § 7351

1. All officers shall be appointed upon recommendations submitted
through military channels and shall be commissioned by the governor. All
appointments of officers shall be made and all vacancies shall be filled
in the manner provided by the laws and regulations of the United States
armed forces, applicable to the branch of service concerned, provided
that the appointment of general officers shall be by and with the advice
and consent of the senate.

2. All officers, commissioned, warrant and flight, shall take the oath of
office prescribed by the laws of the United States relating to the
appointment and recognition of federally recognized officers of the
organized militia and in addition thereto any other oath prescribed by
law. (RSMo 1939 §§ 15027, 15029, 15061, 15093, A.L. 1951 p. 654 §§ 38,
39, A.L. 1953 p. 561)

Prior revisions: 1929 §§ 13834, 13836, 13868, 13892; 1919 §§ 7362, 7364,
7383, 9135

Warrant and flight officers in the organized militia shall be
appointed by the governor. The classes of persons from which warrant and
flight officers may be appointed shall conform to the qualifications and
requirements of the laws and regulations of the United States armed
forces. (L. 1951 p. 654 § 47)

Officers of such reserve forces shall be appointed in the manner
prescribed by this chapter for the appointment of officers in the
organized militia. Officers may hold commissions in both the national
guard and the reserve forces at the same time and the acceptance of one
shall not have the effect of vacating the other. The reserve forces shall
be under the command of the commanding general designated by the governor
by and with the advice and consent of the senate. (RSMo 1939 § 15020,
A.L. 1951 p. 654 § 90)

Prior revisions: 1929 § 13827; 1919 § 7355

All officers of the organized militia shall give bonds and
security as may be required and within the time prescribed by the
adjutant general to secure the state against loss on account of misuse or
misapplication of state or company property or funds, or property or
funds of the United States in use by the state. Such bonds shall be
conditioned upon the faithful performance of all duties and the
accounting for all property and moneys, including organization funds, for
which the obligee is responsible or accountable. The adjutant general
may, in lieu of the foregoing, enter into an agreement, conditioned in
like terms and for the same purpose, with a qualified surety company to
bond all officers of the organized militia without specifically naming
them. The premiums on bonds shall be charged to funds appropriated for
the support of the organized militia. (L. 1951 p. 654 § 40)

1. An officer receiving public property for military purposes
shall be accountable for the article so received by him until the same is
disposed of by law or the orders of the governor, and until his accounts
be examined and found correct the accountability of such officer or his
estate shall not be affected in any way by resignation, discharge, change
in official position or death.

2. Upon the death or desertion of any officer responsible for public
property, his immediate superior officer shall at once cause the property
for which such officer was responsible to be collected and a correct
inventory to be made, which shall at once be forwarded to the governor.

3. Suits for the recovery of any property mentioned in this chapter, or
for the value thereof or damages thereto, may be brought in any court of
competent jurisdiction in this state in the name of the state of Missouri
to the use of the officer or soldier entitled to recovery of same; any
amount so recovered in money shall be paid into the treasury of the state
for the benefit of the fund applicable to the purposes of the state
militia. (RSMo 1939 §§ 15070, 15071, 15072; A.L. 1951 p. 654 § 41)

Prior revisions: 1929 §§ 13877, 13878, 13879; 1919 §§ 7392, 7393, 7394

Officers, warrant officers and flight officers of the organized
militia may be assigned or transferred to or from organizations,
departments or arms and services under the procedure provided in
regulations governing the armed forces of the United States. (L. 1951 p.
654 § 48)

An officer who desires to resign shall submit his resignation to
the governor, whose action thereon shall be final. The governor may
refuse to accept the resignation when the officer is under investigation,
under charges, awaiting results of trial, absent without leave, absent in
the hands of civil authorities, in default with respect to state or
federal funds or property, in time of war or when war is imminent, in
time of civil stress or emergency or on account of exigencies of the
service. (L. 1951 p. 654 § 53)

1. Officers, warrant and flight officers and enlisted persons
shall be retired from active service and placed on the retired list upon
attaining the retirement age of their grade, as fixed in regulations
governing the armed forces of the United States, or by reason of physical
disability retirement while serving with the armed forces of the United
States. Any officer, warrant or flight officer or enlisted person who has
served for ten years in the organized militia may upon his own
application and approval by the governor be placed upon the retired list
without cost to the state. Any officers retired after fifteen years of
satisfactory service may be considered and retired in one grade higher
than the highest grade held during their period of active service without
cost to the state. Service in the armed forces of the United States in
time of war shall be computed as state service for the purpose of this
section.

2. The governor may detail, with their own consent, officers of the
retired list to active duty and return them to the retired list in his
discretion. Officers retired for age shall not be detailed to command
troops, but only to perform duties of staff corps or department, or to
sit on boards, except in time of war or other emergency, or imminent
danger thereof, when retired officers may be detailed by the governor,
without their consent, to perform any military duty designated by him.
(RSMo 1939 §§ 15030, 15103, A.L. 1951 p. 654 §§ 49, 50, A.L. 1953 p. 561,
A.L. 1961 p. 479)

Prior revisions: 1929 §§ 13810, 13903; 1919 § 9146

In addition to retirement as provided in section 41.310, an
officer may be separated from the service by reason of death,
resignation, discharge for inefficiency, discharge for physical
disqualification, absence without leave, dismissal by sentence of a
general court-martial or withdrawal of federal recognition. (RSMo 1939 §
15031, A.L. 1951 p. 654 § 51)

Prior revisions: 1929 § 13838; 1919 § 7366

An officer may be dismissed from the service only by a sentence
of a general court-martial, which sentence is approved by the governor.
(L. 1951 p. 654 § 57)

The commission of an officer shall be vacated only by death, by
acceptance by proper authority of resignation by discharge on account of
inefficiency, for physical disqualification, when dropped from the rolls
for an absence without leave for thirty days, by dismissal pursuant to
sentence of a general court-martial or withdrawal of federal recognition.
(RSMo 1939 § 15032, A.L. 1951 p. 654 § 52)

Prior revisions: 1929 § 13839; 1919 § 7367

An officer absent without leave for a period of thirty days may,
with approval of the governor, have his commission terminated. (L. 1951
p. 654 § 56)

An efficiency board may be appointed at any time to determine the
moral character, capacity and general fitness of an officer. The board
shall be appointed by order of the governor and shall consist of three
commissioned officers, senior in rank to the officer under investigation.
The findings and recommendations of the board shall be transmitted to the
governor, who shall approve or disapprove. If the approved findings are
unfavorable to the officer, his commission shall be terminated. (RSMo
1939 § 15031, A.L. 1951 p. 654 § 54)

Prior revisions: 1929 § 13838; 1919 § 7366

A medical board consisting of three officers may be appointed at
any time by the governor to determine the physical fitness of any
officer. The findings and recommendations of the board shall be
transmitted to the governor. If the officer is found to be physically
unfit for service and the finding is approved by the governor, he shall
either be ordered retired from active service or his commission shall be
terminated. (L. 1951 p. 654 § 55)

Appointments to all grades above the lowest grade shall conform
to the tables of organization. All such appointments shall be made in
accordance with the regulations governing the armed forces of the United
States. (L. 1951 p. 654 § 60)

1. The qualifications for enlistment and reenlistment in the
organized militia shall be determined as set forth in section 41.050. The
term of enlistment and form of oath shall at all times conform to the
requirements of the laws of the United States and of this state and the
regulations from time to time promulgated for the governing of the armed
forces of the United States and of this state.

2. Every person who enlists or reenlists shall sign the enlistment papers
and take the oath required by the laws and regulations of this state and
the United States. Such oath may be administered by any commissioned
officer or warrant officer of the organized militia of this state or of
the armed forces of the United States. Any willful false statement so
sworn to is perjury. (L. 1951 p. 654 §§ 58, 59, A.L. 1983 H.B. 73)

Enlisted men may be transferred to or from organizations,
departments or arms and services as provided in regulations for the
governing of the armed forces of the United States. (RSMo 1939 § 15034,
A.L. 1951 p. 654 § 61)

Prior revisions: 1929 § 13841; 1919 § 7369

1. The discharge of an enlisted man from the organized militia
shall be effected by order of the governor, as may be authorized or
prescribed by the laws and regulations for the government of the armed
forces of the United States or under such regulations as may be
prescribed by the governor.

2. No person who has been separated from the militia service of this
state or the armed forces of the United States under dishonorable
conditions shall be permitted to again enter the organized militia of the
state. (RSMo 1939 § 15036, A.L. 1951 p. 654 §§ 62, 63)

Prior revisions: 1929 § 13843; 1919 § 7370

1. Recorders of deeds of all counties and the city of St. Louis
shall, without charging any fee, record the discharge of any person who
is the holder of a discharge from the militia upon demand by the holder
thereof of the recorder for the county, or city, in which the holder is
then a resident.

2. Whenever a certified copy or copies of any public record in the state
of Missouri are required to perfect a claim upon the government of the
United States or the state of Missouri of any member of the organized
militia or the armed forces of the United States in service or honorably
discharged, or any dependent or legal representative of such member, such
copies shall upon request be furnished by the custodian of such records
without any fee or compensation therefor. Any person violating the
provisions of this section is guilty of a misdemeanor. (RSMo 1939 §§
15077, 15078, A.L. 1951 p. 654 §§ 76, 77)

Prior revision: 1929 §§ 13884, 13885

Officers, warrant officers and enlisted personnel of the
organized militia on active duty in the service of the state shall
receive as compensation the same pay, longevity and allowances as are or
may be provided for members of like grade and branch of service in the
armed forces of the United States. Members of the organized militia
serving on active duty shall receive as a minimum the daily rate
equivalent to the grade level of E5 with maximum longevity and with
dependents. (RSMo 1939 §§ 15066, 15089, A.L. 1951 p. 654 §§ 64, 65, A.L.
1967 p. 118, A.L. 1973 H.B. 499, A.L. 1980 H.B. 1284, A.L. 1993 S.B. 86)

Prior revisions: 1929 §§ 13873, 13888; 1919 §§ 7388, 9131

1. The adjutant general of the state of Missouri may pay out of
funds appropriated for purpose as provided in this section to each
individual who reenlists or extends his or her enlistment in the Missouri
national guard the sum equivalent to one month active base pay for each
year of such reenlistment or extension. Persons who have performed other
prior military service shall not be eligible for such payments. The
maximum payment made to any individual for any one reenlistment or
extension shall be the sum equivalent to three months' active base pay,
payable in sums of one month active base pay at the beginning of each
year of service. No such payment shall be made until the individual
satisfactorily completes all requirements established by the appropriate
state and federal authorities for reenlistment or extension. Any
reenlistment or extension in the Missouri national guard must be
accomplished within thirty days of the expiration of the preceding
enlistment in order for an individual to be eligible for this payment.
Any member of the Missouri national guard who fails for any reason,
except death or disability, to complete the period of reenlistment or
extension for which he or she has received a payment pursuant to the
provisions of this section shall be required to repay that part of the
payment represented by the uncompleted portion of the reenlistment or
extension contract.

2. The adjutant general shall administer the provisions of this section.

3. The provisions of this section shall terminate upon the resumption of
inductions by the federal government under the provisions of the
Universal Military Training and Service Act. (L. 1977 S.B. 124 § 1, A.L.
1982 S.B. 715, A.L. 1998 H.B. 1519 & 1165)

1. Whenever an officer, warrant officer, flight officer or
enlisted person of the organized militia is on active duty in the state
service under circumstances involving travel without troops, he shall
receive, in addition to his pay, the necessary and actual expenses
incident to such duty for the period of absence from his home station, in
accordance with instructions prescribed by the adjutant general and
approved by the commissioner of administration.

2. Whenever an officer, warrant officer, flight officer or enlisted
person of the armed forces of the United States detailed to the state as
an instructor of organized militia or in any other capacity with the
organized militia is requested by authority of the governor to perform
special duty involving travel not directed by the federal government,
such officer, warrant officer, flight officer or enlisted person shall
receive the actual expenses incident to such duty and travel for the
period of his absence from his home station, in accordance with
instructions prescribed by the adjutant general and approved by the
commissioner of administration. (L. 1951 p. 654 § 66)

Arms, uniforms and equipment for the federally recognized
components of the organized militia shall be provided as prescribed in
applicable tables of equipment and tables of organization of the United
States armed forces. The Missouri reserve military force, when organized,
shall be armed, uniformed and equipped as prescribed by the governor.
(RSMo 1939 § 15067, A.L. 1951 p. 654 § 36)

Prior revisions: 1929 § 13874; 1919 § 7389

The system of discipline and training for the federally
recognized components of the organized militia shall conform generally to
that of the United States armed forces except as otherwise provided in
this military code. The system of discipline and training for the
Missouri reserve military force, when organized, shall be as prescribed
by the governor. (L. 1951 p. 654 § 37)

1. Members of the organized militia, or any portion or individual
thereof, may be ordered to active duty to perform military training or
special duty, or to participate in small arms gunnery competitions in
this state or in any other state or territory or the District of
Columbia, or in any fort, camp, air base, installation or reservation of
the United States. Cruise duty ordered for the naval militia may be
required to be performed on United States vessels.

2. Notwithstanding any provisions of this chapter to the contrary, an
officer, warrant officer, flight officer, or enlisted person of the
organized militia may be ordered to perform any of the types of military
duty prescribed in this chapter or chapter 40, RSMo, pursuant to orders
issued by competent military, either without his consent, but with the
pay and allowances provided by law, or with his consent, with or without
pay and allowances, provided that, necessary traveling expenses,
subsistence and per diem allowances may be furnished to such members in
accordance with instructions prescribed by the adjutant general and
approved by the commissioner of administration.

3. With the approval of the governor, the adjutant general shall
administer the provisions of this section and effect orders to active
duty. Orders shall be effective as orders of the governor to active duty
for purposes of section 40.490, RSMo.

4. Members of the organized militia shall not receive from the state the
pay and allowances otherwise provided by law for active duty under this
section when eligible for pay and allowances from federal funds, nor are
they entitled to paid leaves of absence while on duty under this section
for purposes of section 105.270, RSMo. (L. 1951 p. 654 § 11, A.L. 1991
S.B. 358)

Effective 6-12-91

1. The governor is hereby authorized to request volunteers of the
organized militia to assist federal law enforcement authorities within or
outside the state, or to assist federal, state or local law enforcement
authorities within this state, and order such volunteers to duty for the
purpose of providing assistance in drug interdiction and counter-drug
activities and operation and maintenance of equipment and facilities for
such purposes pursuant to plans adopted and funding assistance received
under the provisions of 32 U.S.C. 112.

2. The governor may delegate the authority conferred by this section to
the adjutant general, but the governor shall retain sole authority to
approve any and all plans submitted to the Secretary of Defense under 32
U.S.C. 112. The adjutant general shall ensure that all directives and
policies of the Department of Defense and National Guard Bureau are
followed. Personnel assisting in such activities shall obey and execute
the instructions of the civil authorities charged by law with
responsibility for law enforcement. (L. 1991 S.B. 358)

Effective 6-12-91

1. The governor may, when in his opinion the circumstances so
warrant, call out the organized militia or any portion or individual
thereof to execute the laws, suppress actual and prevent threatened
insurrection and repel invasion. The governor, if in his judgment the
maintenance of law and order will thereby be promoted, may by
proclamation declare martial law throughout the state or any part thereof.

2. The governor may, when in his opinion circumstances so warrant, call
out the organized militia or any portion thereof as he deems necessary to
provide emergency relief to a distressed area in the event of earthquake,
flood, tornado or other actual or threatened public catastrophe creating
conditions of distress or hazard to public health and safety beyond the
capacities of local or other established agencies. (RSMo 1939 §§ 15018,
15022, 15039, A.L. 1951 p. 654 §§ 12, 13)

Prior revisions: 1929 §§ 13825, 13829, 13846; 1919 §§ 7353, 7357, 7374

The governor shall have the power to organize from the
unorganized militia of Missouri a reserve military force for duty within
or without the state to supplement the Missouri national guard or replace
it when it is mobilized in federal service. The Missouri reserve military
force may be used to execute the laws, suppress insurrections, repel
invasion, suppress lawlessness, and provide emergency relief to
distressed areas in the event of earthquake, flood, tornado, or actual or
threatened enemy attack or public catastrophe creating conditions of
distress or hazard to public health and safety beyond the capacity of
local or established agencies. The force shall consist of such organized
troops, auxiliary troops, staff corps and departments as the governor
deems necessary. The governor shall prescribe the strength and
composition of the various units of the same, uniform and insignia and
the qualifications of its members, and shall have the power to grant a
discharge therefrom for any reason deemed by him sufficient. (RSMo 1939 §
15019, A.L. 1951 p. 654 § 89, A.L. 1953 p. 561, A.L. 1961 p. 479)

Prior revisions: 1929 § 13826; 1919 § 7354

The governor may call out the reserve forces, or any part of the
same, to execute the laws, to suppress insurrections, repel invasion, and
suppress lawlessness and provide emergency relief to distressed areas in
the event of earthquake, flood, tornado, or other actual or threatened
public catastrophe creating conditions of distress or hazard to public
health and safety beyond the capacities of local or other established
agencies, under the same circumstances and in the same manner as is in
this chapter provided for the use of the national guard, the air national
guard and the organized militia in such emergencies, and when so placed
on duty, the reserve forces shall have the same status, power and
authority conferred upon the national guard, the air national guard and
the organized militia by this chapter. (RSMo 1939 § 15022, A.L. 1951 p.
654 § 92)

Prior revisions: 1929 § 13829; 1919 § 7357

It shall be lawful for the commanding officer of any organization
under the provisions of this military code to arrest, or cause to be
arrested, any officer, warrant officer or enlisted person of his command,
wherever he may be found, who shall neglect or refuse to turn out with
his command when ordered to do so under the provisions of this military
code, and to confine such officer, warrant officer or enlisted person
under guard until such time as he can be tried for such offenses
according to law. Any member of the militia who shall neglect or refuse
to obey any order lawfully issued as provided herein, or who shall
hinder, interfere with or prevent any officer or personnel of his command
from performing such duty, or in any manner by neglect prevent the
execution of the law, shall be guilty of a misdemeanor. (RSMo 1939 §
15039, A.L. 1951 p. 654 § 14, A.L. 1953 p. 561)

Prior revisions: 1929 § 13846; 1919 § 7374

In case of insurrection, invasion, tumult, riot, breach of the
peace, public calamity or catastrophe, or imminent danger thereof, or in
the event any emergency in which all or any part of the organized militia
is actively engaged in service upon order of the governor, the governor
may suspend any and all provisions of this military code or other laws of
the state which require advertisement for bids for purchase of supplies
and employment of service. (L. 1951 p. 654 § 17)

Whenever the militia or any part thereof is called, ordered or
drafted under the constitution and laws of the United States, the
governor shall order for service the national guard, air national guard
and the naval militia or such part thereof as may be required. (L. 1951
p. 654 § 20)

During the absence of organizations of the organized militia in
the service of the United States, their state or federal designations
shall not be given to new organizations. (L. 1951 p. 654 § 34)

For all purposes under this code, officers, warrant officers,
flight officers and enlisted personnel of the organized militia who
entered the active service of the United States in time of war or under
an order or a call or draft by the President, or who hereafter enter such
service under like conditions, shall be entitled to credit for time so
served as if such service had been rendered in the state forces. (L. 1951
p. 654 § 35)

The governor is hereby authorized, upon recommendation of the
adjutant general of Missouri, to present, in the name of the state of
Missouri, a meritorious service medal, which shall be of suitable design,
as may be determined by the governor, to individuals who have done and
performed valorous or meritorious military service which reflects
honorably and creditably upon the state of Missouri. Not more than one
meritorious military service medal shall be awarded or presented under
the provisions of this section to any one person, nor shall such medal be
awarded to or retained by any person whose entire service subsequent to
the valorous or meritorious military service shall not have been
honorable. In the event of the death of any person during or subsequent
to the meritorious military service, who, in the opinion of the governor,
as recommended by the adjutant general of Missouri, would be entitled to
a meritorious military service medal, the same may be presented to a
surviving relative of the deceased in the following order, to wit: widow,
if not remarried, eldest living son, eldest living daughter, father,
mother, eldest living brother, eldest living sister, and eldest living
grandchild. (RSMo 1939 § 15080, A.L. 1951 p. 654 § 78, A.L. 1967 p. 119)

The governor is hereby authorized to present, in the name of the
state of Missouri, a conspicuous service medal which shall be of suitable
design as may be determined by the governor, to individuals designated by
him who have done and performed distinguished and conspicuous service or
services either civil or military which reflect honorably and creditably
upon the state of Missouri. (RSMo 1939 § 15079, A.L. 1951 p. 654 § 79)

1. Any person who is now or may hereafter become a member of the
organized militia, and who has served at least ten years as such, may be
designated by the adjutant general of Missouri, with the approval of the
governor, as entitled to a ribbon for long and faithful service to be
known as the "long service ribbon", provided such service need not be
continuous and service rendered in any of the armed forces of the United
States as a result of or in connection with membership in the organized
militia of Missouri shall be considered as a part of such service. Long
service ribbons shall be of such form and design as may be selected by
the adjutant general of the state and shall be authorized ten, fifteen,
and twenty years' service.

2. A hawthorn cluster to conform to the official floral emblem of this
state to be worn on the long service ribbon shall be awarded as follows:
A bronze cluster for twenty-five years' service, a silver cluster for
thirty years' service and a gold cluster for thirty-five years' service
or more. (RSMo 1939 § 15081, A.L. 1951 p. 654 § 80, A.L. 1982 S.B. 715)

Effective 4-30-82

The governing body or county planning commission, if any, of any
county of the second classification with more than forty-eight thousand
two hundred but fewer than forty-eight thousand three hundred inhabitants
shall provide for the planning, zoning, subdivision and building within
all or any portion of the unincorporated area extending three thousand
feet outward from the boundaries of any military base located in such
county and the area within the perimeter of accident potential zones one
and two if the county has a zoning commission and a board of adjustment
established under sections 64.510 to 64.727, RSMo. As used in this
section, the term "accident potential zones one and two" means any land
area that was identified in the April, 1976 Air Installation Compatible
Use Zone Report at the north and south ends of the clear zone of a
military installation located in any county of the second classification
with more than forty-eight thousand two hundred but fewer than
forty-eight thousand three hundred inhabitants and which is in
significant danger of aircraft accidents by being beneath that airspace
where the potential for aircraft accidents is most likely to occur. (L.
2005 H.B. 348 § 41.1013 merged with S.B. 252 § 41.1013)

Effective 5-11-05 (S.B. 252) 6-22-05 (H.B. 348)

1. Upon the application of any post, chapter or other society
composed of veterans of any war in which the forces of this state have
participated, the officer in charge of any armory owned or leased by the
state may permit the use of such armory for the meeting of such veteran
organizations without charge, on dates when the same is not in use for
military purposes.

2. All armories owned by this state or by any organization of the militia
of this state, and all buildings leased by the state for military
purposes, shall be exempt from taxation for all purposes during the
period of such ownership. (RSMo 1939 §§ 15063, 15064, A.L. 1951 p. 654 §§
45, 46)

Prior revisions: 1929 §§ 13870, 13871; 1919 §§ 7385, 7386

The De Soto armory shall be designated as the "William E. 'Bud'
Lewis" armory. (L. 2003 H.B. 292)

The active national guard armory located in or nearest to Pierce
City, Lawrence County, shall be designated as the "Lawrence A. Witt"
national guard armory. (L. 2005 H.B. 236)

No person belonging to, or on duty with, the organized militia of
the state, or engaged in the performance of militia duty on call of the
governor, shall be arrested on any civil process while going to,
remaining at or returning from any place at which he may be required to
attend for militia duty. (RSMo 1939 §§ 15038, 15062, A.L. 1951 p. 654 §§
71, 72, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 §§ 13845, 13869; 1919 §§ 7373, 7384

Every commissioned officer, warrant officer and enlisted person
acting under the order of the governor, or of any officer, civil or
military, authorized by law to call out the organized militia or any part
thereof, as provided in this military code, shall have the same rights
and immunities as other conservators of the peace under the provisions of
the laws of the state. (RSMo 1939 § 15039, A.L. 1951 p. 654 § 15)

Prior revisions: 1929 § 13846; 1919 § 7374

Whenever any portion of the organized militia is called into
active service to execute the laws, engage in disaster relief, suppress
actual or prevent threatened insurrection or repel invasion, the
commanding officer shall use his own discretion with respect to the
propriety of attacking or firing upon any mob or unlawful assembly. His
honest and reasonable judgment in the exercise of his duty shall be full
protection, civilly and criminally, for any act or acts done while on
duty; and no member of the organized militia in the active service of the
state shall be liable civilly or criminally for any act or acts done by
him in the performance of his duty. (L. 1951 p. 654 § 69)

No member of the militia called out to sustain the civil
authorities shall issue any order for the firing of blank cartridges upon
any mob or assembly or under any pretense, or in compliance with any
order, fire blank cartridges upon any mob or unlawful assembly under
penalty of being dishonorably dismissed, or discharged. (L. 1951 p. 654 §
70)

After the proclamation by the governor as authorized by section
41.480, any person who resists or aids in resisting the execution of
process in any area declared to be in a state of actual or threatened
insurrection, or who aids or attempts the rescue or escape of another
from lawful custody or confinement or who resists or aids in resisting
any force ordered out by the governor to execute the laws, to suppress
actual and prevent threatened insurrection or to repel invasion shall be
guilty of a felony punishable by imprisonment in the state penitentiary
for a term not less than two years. (L. 1951 p. 654 § 16)

1. No person shall discriminate against any member of the
organized militia or of the armed forces of the United States because of
his membership therein.

2. No person shall prohibit or refuse entrance to any member of the
organized militia of this state or of the armed forces of the United
States into any public entertainment or place of amusement because such
member is wearing the uniform of the organization to which he belongs.

3. No employer or officer or agent of any corporation, company or firm,
or other person, shall discharge any person from employment because of
being a member of the organized militia of this state or hinder or
prevent him from performing any militia service he may be called upon to
perform by proper authority or dissuade any person from enlistment in the
organized militia by threat or injury to him in respect to his
employment, trade or business, in case of his enlistment. Any person
violating any of the provisions of this section is guilty of a
misdemeanor. (L. 1951 p. 654 § 73)

The commanding officer of any portion of the organized militia or
his representative performing any militia duty in any street or highway
may require persons in such street or highway to yield the right-of-way
to such militia, except that the carriage of the United States mail, the
legitimate functions of the police and fire apparatus, shall not be
interfered with thereby. Any person who hinders, delays or obstructs any
portion of such militia performing any militia duty, or who attempts to
do so, is guilty of a misdemeanor. (RSMo 1939 § 15038, A.L. 1951 p. 654 §
74)

Prior revisions: 1929 § 13845; 1919 § 7373

The commanding officer or his representative may place under
arrest any person who trespasses upon any campground, parade ground,
field exercise, armory or other place devoted to militia duty, or who in
any way or manner interrupts or molests the orderly discharge of militia
duty, or who disturbs or prevents the passage of troops going to or
returning from any duty. Any person committing such offense is guilty of
a misdemeanor and, if arrested, shall be delivered to the civil
authorities for trial. (RSMo 1939 § 15038, A.L. 1951 p. 654 § 75)

Prior revisions: 1929 § 13845; 1919 § 7373

1. As used in this section, the following terms mean:

(1) "Commanding officer", the installation commander or officer in charge
of any military facility; and

(2) "Military facility", any place under temporary or primary control of
the militia which is devoted to military duty, including any campground,
parade ground, exercise field, armory, fort, compound, training sites or
military base.

2. When, in the determination of the commanding officer or such
commanding officer's representative, an emergency situation or exigent
circumstance exists upon any military facility, the commanding officer
may direct the exercise of any and all powers of search and seizure
within the military facility upon any person or property found to be
within the military facility.

3. Incoming nonmilitary persons shall not be searched over their
objection, but may be denied the right of entry upon refusal to consent
to search. All persons entering facilities shall be advised in advance by
a sign prominently displayed that they are liable to search upon entry,
and while within the confines of the military facility or upon exit. Any
person who enters upon or within any military facility shall be deemed to
have given consent to be searched pursuant to the authority granted in
this section.

4. Members of the organized militia in active service shall have the same
rights and immunities as other conservators of the peace pursuant to the
laws of the state in the performance of their duty in reliance on the
authority granted in this section. (L. 1996 H.B. 1295)

Any person not a member of the militia of this state wearing the
uniform of the same, or any part thereof, shall be guilty of a
misdemeanor. (RSMo 1939 § 15074, A.L. 1951 p. 654 § 44)

Prior revisions: 1929 § 13881; 1919 § 7396

Any person who shall violate any of the provisions of the
military code for which no punishment has been provided is guilty of a
misdemeanor. (L. 1951 p. 654 § 94)

For the purposes of student resident status, military personnel,
when stationed within the state under military orders, their spouses, and
their unemancipated children under twenty-four years of age who enroll in
a Missouri community college, Missouri college, or Missouri state
university shall be regarded as holding Missouri resident status. (L.
2005 H.B. 348 § 41.1016 merged with S.B. 252 § 41.1016)

Effective 5-11-05 (S.B. 252) 6-22-05 (H.B. 348)

Chapter 287, RSMo, dealing with workers' compensation, applies to
members of the Missouri organized militia when ordered to active state
duty by the governor. The state of Missouri shall have the option to
become a self-insurer or to purchase insurance in companies licensed to
write workers' compensation insurance in this state. If the state of
Missouri elects to become a self-insurer the attorney general shall
represent the state in actions brought under sections 41.900 to 41.940.
(L. 1967 p. 119 § 1)

(1995) Section applying workers' compensation to members of state
national guard serves federal purposes as a federal employee and not as a
member of the state militia called to service by the governor under state
law. Cochran v. Missouri National Guard, 893 S.W.2d 814 (Mo. en banc).

The adjutant general may exercise the option to self-insure or to
purchase insurance in the best interest of the state and may do what is
necessary to carry out the purposes of sections 41.900 to 41.940. (L.
1967 p. 119 § 2)

Sections 41.900 to 41.940 shall not be construed so as to
acknowledge or create tort liability, or to impose any duty other than
that of complying with chapter 287, RSMo. (L. 1967 p. 119 § 3)

The average earnings of a member, for purposes of sections 41.900
to 41.940, shall be his civilian earnings, current military earnings or
the compensation paid under the provisions of section 41.430, whichever
is greater. (L. 1967 p. 119 § 4, A.L. 1982 S.B. 715)

Effective 4-30-82

If a member or his dependents receive federal compensation due to
an injury or disease which is covered by chapter 287, RSMo, the amount of
the federal compensation shall be deducted from the amount otherwise due
from the state of Missouri. Before any claim is processed pursuant to
chapter 287, RSMo, a member shall sign an authorization consenting to the
release of any information pertaining to federal compensation paid for an
injury or disease covered under chapter 287, RSMo. (L. 1967 p. 119 § 5,
A.L. 1991 S.B. 358)

Effective 6-12-91

1. Notwithstanding the provisions of subsection 1 of section
105.270, RSMo, any officer or employee of this state, or of any
department or agency of this state, or of any county, municipality,
school district or other political subdivision, and any other public
employee of this state, who is or may become a member of the national
guard or of any reserve component of the armed forces of the United
States and who is engaged in the performance of duty in the service of
the United States under competent orders for an extended and indefinite
period of time, shall be entitled to leave of absence from his respective
duties as a public officer or employee until such military service is
completed without loss of position, seniority, accumulated leave,
impairment of performance appraisal, pay status, work schedule including
shift, working days and days off assigned to the officer or employee at
the time leave commences, and any other right or benefit to which the
officer or employee is entitled, and no retirement benefit shall be
diminished or eliminated because of such service.

2. The officer or employee shall file with the appointing authority or
supervising agency an official order from the appropriate military
authority as evidence of such duty for which the leave of absence is
granted. (L. 1991 S.B. 243 § 1 merged with S.B. 358 § 1)

Effective 5-28-91 (S.B. 243) 6-12-91 (S.B. 358)

1. Any member of the armed forces of the United States who is on
active duty, and any member of the Missouri army or air national guard
serving on full-time duty or as a civil service technician with a
Missouri army or air national guard unit who is a tenant under a lease of
a residential dwelling may, pursuant to subsection 2 of this section,
terminate such lease with the member's lessor if the member:

(1) Receives permanent change of station orders transferring the member
to another duty station;

(2) Receives temporary duty orders in excess of ninety days duration
assigning the member to another location which is at least twenty-five
miles from the site of the leased residential premises;

(3) Is discharged or released from active duty with the armed forces of
the United States or from the member's full-time duty or technician
status with the Missouri army or air national guard; or

(4) Is ordered to reside in government supplied quarters.

2. Lessees who qualify to terminate a residential lease agreement
pursuant to subsection 1 of this section shall do so by serving the
lessor written notice of termination to be effective on a date stated
thereon, which shall not be less than fifteen days after the date of such
service. Prior to the termination date, the lessee shall furnish the
lessor with a copy of the official orders or a signed letter confirming
the orders from the lessee's commanding officer.

3. The final lease payment due under the terminated lease shall be
provided by the effective date of termination and shall be payable at
such time as would have otherwise been required by the terms of the
lease. The lessee shall be entitled to the full return of any security
deposit and pet deposit, if any, if such member has otherwise complied
with the requirements of the lease and of section 535.300, RSMo. (L. 1991
S.B. 358 § 2)

Effective 6-12-91

Notwithstanding any other provision of law, any person licensed
or certified to practice a trade or profession by the state of Missouri
or any branch or agency thereof which requires an annual period of
continuing education or training as a condition of continued or renewed
licensing or certification, and who is or becomes a member of the
national guard or of any reserve component of the armed forces of the
United States who is called to full-time active duty in the service of
the United States under competent orders shall, during the period of
full-time active duty, be exempted from any such requirement for
continuing education or training without his status, license,
certification or right to practice his trade or profession being affected
and shall not be required, upon returning from full-time active duty, to
make up or retake any training or education for which he was exempt under
the provisions of this section. (L. 1991 S.B. 358 § 3)

Effective 6-12-91

1. In the 1990-91 academic year and in any subsequent academic
year, when any person who is enrolled as a student in a public higher
education institution in Missouri is called into service of the United
States pursuant to 32 U.S.C. 502(f)(1), section 41.470 or 41.480 or the
authority of 10 U.S.C. 12301(d) or 10 U.S.C. 12304 or any such subsequent
call or order by the President or the Congress, to active service in the
armed forces of the United States, whether voluntarily or involuntarily,
not including active service for training, prior to the completion of the
semester, or similar grading period, that person shall be eligible for
either:

(1) A complete refund of all tuition and incidental fees charged for
enrollment at that institution for that semester, or similar grading
period; or

(2) The awarding of a grade of "incomplete" pursuant to this section.

2. If such person has been awarded a scholarship to be used to pursue an
academic program in any public higher education institution in Missouri
and such person is unable to complete the academic term for which the
scholarship is granted, that person shall be awarded that scholarship at
any subsequent academic term, provided that the person returns to the
academic program at the same institution at the beginning of the next
academic term after the completion of active military service.

3. If the person chooses the option described in subdivision (1) of
subsection 1 of this section, such person may request that the official
transcript indicate the courses from which such person has withdrawn and
the reason for the withdrawal, or such person may request that all course
titles be expunged from such person's record. Choosing the option of a
refund shall not affect the person's official academic record or standing
at the public higher education institution.

4. If the person chooses the option described in subdivision (2) of
subsection 1 of this section, such person shall complete the course work
to the satisfaction of the course instructor and the institution. The
grade of incomplete shall be converted to a failing grade if the person
does not apply to complete the course work within six months of discharge
or release from active military service. In the event the person cannot
comply for medical reasons related to the active military service, such
person shall apply to complete the course work within three months of the
end of the period of convalescence. Choosing the option of taking a grade
of incomplete shall not affect the person's official academic record or
standing at the public institution of higher education, unless the person
fails to complete the course work. At the time the grade of incomplete is
converted to a final grade, the person may choose either to have the
grade of incomplete expunged from his official record or to have the
grade of incomplete remain with the final grade and the reason for the
grade of incomplete.

5. The coordinating board for higher education shall promulgate rules for
the implementation of this section. For the purposes of this section, the
term "public higher education institution" shall include public community
colleges and state-supported institutions of higher education.

6. Notwithstanding any other provisions of this section to the contrary,
nothing in this section shall be construed to prevent the governing body
of any public higher education institution from enacting an academic
policy more lenient in nature than the provisions of subsections 1 to 4
of this section.

7. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2002, shall be invalid and void. (L. 1991 S.B. 358 § 4, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3, A.L. 2002 H.B. 2047)

1. Any resident of this state who is a member of the national
guard or of any reserve component of the armed forces of the United
States or who is a member of the United States Army, the United States
Navy, the United States Air Force, the United States Marine Corps, the
United States Coast Guard or an officer of the United States Public
Health Service detailed by proper authority for duty with any branch of
the United States armed forces described in this section and who is
engaged in the performance of active duty in the military service of the
United States in a military conflict in which reserve components have
been called to active duty under the authority of 10 U.S.C. 672(d) or 10
U.S.C. 673b or any such subsequent call or order by the President or
Congress for any period of thirty days or more shall be relieved from
certain provisions of state law, as follows:

(1) No person performing such military service who owns a motor vehicle
shall be required to maintain financial responsibility on such motor
vehicle as required under section 303.025, RSMo, until such time as that
person completes such military service, unless any person shall be
operating such motor vehicle while the vehicle owner is performing such
military service;

(2) No person failing to renew his driver's license while performing such
military service shall be required to take a complete examination as
required under section 302.173, RSMo, when renewing his license within
sixty days after completing such military service;

(3) Any motor vehicle registration required under chapter 301, RSMo, that
expires for any person performing such military service may be renewed by
such person within sixty days of completing such military service without
being required to pay a delinquent registration fee; however, such motor
vehicle shall not be operated while the person is performing such
military service unless the motor vehicle registration is renewed;

(4) Any person enrolled by the supreme court of Missouri or licensed,
registered or certified under chapter 168, 256, 289, 317, 325, 326, 327,
328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341,
342, 343, 344, 345, 346, 375, 640 or 644, RSMo, whose license,
registration or certification expires while performing such military
service, may renew such license, registration or certification within
sixty days of completing such military service without penalty;

(5) In the case of annual reports, franchise tax reports or other reports
required to be filed with the office of secretary of state, where the
filing of such report would be delayed because of a person performing
such military service, such reports shall be filed without penalty within
one hundred twenty days of the completion of such military service;

(6) No person performing such military service who is subject to a
criminal summons for a traffic violation shall be subject to
nonappearance sanctions for such violation until after one hundred eighty
days after the completion of such military service;

(7) No person performing such military service who is required under
state law to file financial disclosure reports shall be required to file
such reports while performing such military service; however, such
reports covering that period of time that such military service is
performed shall be filed within one hundred eighty days after the
completion of such military service;

(8) Any person with an indebtedness, liability or obligation for state
income tax or property tax on personal or real property who is performing
such military service or a spouse of such person filing a combined return
or owning property jointly shall be granted an extension to file any
papers or to pay any obligation until one hundred eighty days after the
completion of such military service or continuous hospitalization as a
result of such military service notwithstanding the provisions of section
143.991, RSMo, to the contrary and shall be allowed to pay such tax
without penalty or interest if paid within the one-hundred-eighty-day
period;

(9) Notwithstanding other provisions of the law to the contrary, for the
purposes of this section, interest shall be allowed and paid on any
overpayment of tax imposed by sections 143.011 to 143.998, RSMo, at the
rate of six percent per annum from the original due date of the return or
the date the tax was paid, whichever is later;

(10) No state agency, board, commission or administrative tribunal shall
take any administrative action against any person performing such
military service for that person's failure to take any required action or
meet any required obligation not already provided for in subdivisions (1)
to (8) of this subsection until one hundred eighty days after the
completion of such military service, except that any agency, board,
commission or administrative tribunal affected by this subdivision may,
in its discretion, extend the time required to take such action or meet
such obligation beyond the one-hundred-eighty-day period;

(11) Any disciplinary or administrative action or proceeding before any
state agency, board, commission or administrative tribunal where the
person performing such military service is a necessary party, which
occurs during such period of military service, shall be stayed by the
administrative entity before which it is pending until sixty days after
the end of such military service.

2. Upon completing such military service, the person shall provide the
appropriate agency, board, commission or administrative tribunal an
official order from the appropriate military authority as evidence of
such military service.

3. The provisions of this section shall apply to any individual defined
in subsection 1 of this section who performs such military service on or
after August 2, 1990. (L. 1991 S.B. 358 § 5)

Effective 6-12-91

1. The commissioner of administration is hereby authorized to
lease property owned by the state and under the control of the national
guard to organizations or activities which are compatible with the Armed
Forces of the United States and which support the mission of the Missouri
national guard for the purpose of the construction of a building or
buildings at the Missouri national guard training site, Algoa, at no
expense to the state of Missouri. The property to be leased shall be
further described as follows: A section of land 350 acres, more or less,
- Plat numbers 1 and 2 as noted in Cole County Plat Book Number 1, said
land specifications being incorporated herein, and the western half of
Plat No. 3 as noted in the aforementioned page from Cole County Plat Book
Number 1.

2. The lease may provide for a term as long as fifty years and may
provide for renewal periods. The rental payment shall be as agreed by the
parties. The lease shall provide that any improvements on the property
shall become the property of the state upon termination of the lease. (L.
1994 S.B. 460)

Effective 5-10-94

1. When requested by the commander of any recognized veterans'
organization, military commander or by any friend or relative of a
deceased person or the director of a funeral home for any deceased person
who served in the armed forces of the United States during a time of war
or is otherwise entitled to military honors at the person's burial,
internment or memorial service, the adjutant general shall, subject to
appropriation, order the appropriate requested uniformed honor detail to
attend and render the appropriate services or request and coordinate the
appropriate detail with a recognized veterans' organization. Subject to
appropriation, the adjutant general shall ensure that appropriate service
records are collected authorizing the honor detail, shall ensure that the
honor detail meets the appropriate military requirements for uniform and
conduct, shall ensure that if a recognized veterans' organization renders
the services, the organization is compensated for services through the
Missouri national guard trust fund, shall provide assistance in training
honor details for recognized veterans' organizations, and shall serve as
the coordinator for military funerals and such details when requested.
The amount paid veterans' organizations shall be determined by the
adjutant general. The amount authorized by this section shall be paid
from funds appropriated from the Missouri national guard trust fund.

2. The adjutant general shall promulgate rules to administer the
provisions of this section. No rule or portion of a rule promulgated
pursuant to the authority of this section shall be effective unless it
has been promulgated pursuant to the provisions of chapter 536, RSMo. (L.
1998 H.B. 1519 & 1165)

CROSS REFERENCE: General assembly may appropriate money from veterans'
commission capital improvement trust fund to Missouri national guard
trust fund to support honor details, RSMo 313.835

There is hereby created within the military division of the
executive department, office of adjutant general, an "Office of Air
Search and Rescue". The duly appointed commanding officer of the Civil
Air Patrol, Missouri Wing, shall be ex officio head of the office. (L.
1979 S.B. 310 § 1)

The office of air search and rescue may, upon direction of the
adjutant general, fully cooperate or contract with any department or
agency of the state of Missouri, or with the United States government, or
any department or agency thereof, or with any public or private hospital,
for the purposes of providing communications, rescue work, mercy
missions, aerial observations, or any other functions within the scope of
the activity of the air search and rescue, and may encourage the
development of aeronautical resources of the state and aid in an
educational program related to aviation. (L. 1979 S.B. 310 § 2)

The office shall expend from funds for the purpose as
appropriated by the general assembly and approved by the adjutant general
sums needed to defray expenses incurred in rescue work, mercy missions,
maintenance of an office, development of the aeronautical resources of
the state, educational programs related to aviation, and air search and
rescue, and for the upkeep of communications systems which have been, or
are in the process of being, installed throughout the state. Only such
sums shall be expended on communications systems as will be necessary for
the procurement or replacement of equipment and not otherwise obtainable
by grant or gift from any other source. (L. 1979 S.B. 310 § 3)

The office of air search and rescue may, with the consent of the
adjutant general, accept and expend any grant of funds as appropriated by
the general assembly, and may accept services, equipment, supplies or
materials by way of gift, grant or loan for the purposes of encouraging
the development of aeronautical resources of the state, for aiding in an
educational program related to aviation, and for supporting the program
of air search and rescue. (L. 1979 S.B. 310 § 4)

1. Except as otherwise provided in this subsection, any employee
of the state of Missouri who is or may become a member of the civil air
patrol and has qualified for a civil air patrol emergency service
specialty rating or who is certified to fly counter narcotics missions
except members of the Missouri national guard may be granted leave of
absence from their respective duties, without loss of time, pay, regular
leave, impairment of efficiency rating or of any other rights or benefits
to which such person would otherwise be entitled, for periods during
which such person is engaged in the performance of civil air patrol
emergency service duty or counter narcotics missions. Leave for such
service shall be for not more than fifteen working days in any state
fiscal year, or without regard to length of time when responding to a
state or nationally declared emergency or disaster in the state of
Missouri. The employee shall be released from work upon request from the
Missouri wing commander or the wing commander's designated
representative. The appointing authority shall compensate an employee
granted leave pursuant to this section at the employee's regular rate of
pay for regular work hours during which the employee is absent from the
employee's regular place of employment for the state of Missouri. Any
leave granted pursuant to this section shall not affect the employee's
leave status.

2. Before any payment of salary is made covering the period of the leave
the employee shall file with the appointing authority or supervising
agency evidence that such employee participated in emergency services
duty or a counter narcotics mission from the wing commander, or the wing
commander's designated representative. In addition to the evidence
required by this subsection, such employee shall provide to the
employee's immediate supervisor a Drug Enforcement Agency/Civil Air
Patrol (DEA/CAP) mission number.

3. No member of the civil air patrol shall be discharged from employment
because of being a member of the civil air patrol or holding a civil air
patrol emergency services specialty rating, nor otherwise discriminated
against or dissuaded from joining or continuing such person's service in
the civil air patrol by threat or injury to such person in respect to
such person's employment.

4. The attorney general shall enforce the rights contained in this
section for members of the civil air patrol. (L. 1996 H.B. 1131 § 1, A.L.
1997 S.B. 261)

1. There is hereby established the "Missouri Military
Preparedness and Enhancement Commission". The commission shall have as
its purpose the design and implementation of measures intended to
protect, retain, and enhance the present and future mission capabilities
at the military posts or bases within the state. The commission shall
consist of nine members:

(1) Five members to be appointed by the governor;

(2) Two members of the house of representatives, one appointed by the
speaker of the house of representatives, and one appointed by the
minority floor leader;

(3) Two members of the senate, one appointed by the president pro
tempore, and one appointed by the minority floor leader;

(4) The director of the department of economic development or the
director's designee, ex officio.

No more than three of the five members appointed by the governor shall be
of the same political party. To be eligible for appointment by the
governor, a person shall have demonstrated experience in economic
development, the defense industry, military installation operation,
environmental issues, finance, local government, or the use of air space
for future military missions. Appointed members of the commission shall
serve three-year terms, except that of the initial appointments made by
the governor, two shall be for one-year terms, two shall be for two-year
terms, and one shall be for a three-year term. No appointed member of the
commission shall serve more than six years total. A vacancy occurs if a
legislative member leaves office for any reason. Any vacancy on the
commission shall be filled in the same manner as the original appointment.

2. Members of the commission shall be reimbursed for the actual and
necessary expenses incurred in the discharge of the member's official
duties.

3. A chair of the commission shall be selected by the members of the
commission.

4. The commission shall meet at least quarterly and at such other times
as the chair deems necessary.

5. The commission shall be funded by an appropriation limited to that
purpose. Any expenditure constituting more than ten percent of the
commission's annual appropriation shall be based on a competitive bid
process.

6. The commission shall:

(1) Advise the governor and the general assembly on military issues and
economic and industrial development related to military issues;

(2) Make recommendations regarding:

(a) Developing policies and plans to support the long-term viability and
prosperity of the military, active and civilian, in this state, including
promoting strategic regional alliances that may extend over state lines;

(b) Developing methods to improve private and public employment
opportunities for former members of the military residing in this state;
and

(c) Developing methods to assist defense-dependent communities in the
design and execution of programs that enhance a community's relationship
with military installations and defense-related businesses;

(3) Provide information to communities, the general assembly, the state's
congressional delegation, and state agencies regarding federal actions
affecting military installations and missions;

(4) Serve as a clearinghouse for:

(a) Defense economic adjustment and transition information and
activities; and

(b) Information concerning the following:

a. Issues related to the operating costs, missions, and strategic value
of federal military installations located in the state;

b. Employment issues for communities that depend on defense bases and in
defense-related businesses; and

c. Defense strategies and incentive programs that other states are using
to maintain, expand, and attract new defense contractors;

(5) Provide assistance to communities that have experienced a
defense-related closure or realignment;

(6) Assist communities in the design and execution of programs that
enhance a community's relationship with military installations and
defense-related businesses, including regional alliances that may extend
over state lines;

(7) Assist communities in the retention and recruiting of defense-related
businesses, including fostering strategic regional alliances that may
extend over state lines;

(8) Prepare a biennial strategic plan that:

(a) Fosters the enhancement of military value of the contributions of
Missouri military installations to national defense strategies;

(b) Considers all current and anticipated base realignment and closure
criteria; and

(c) Develops strategies to protect the state's existing military missions
and positions the state to be competitive for new and expanded military
missions;

(9) Encourage economic development in this state by fostering the
development of industries related to defense affairs.

7. The commission shall prepare and present an annual report to the
governor and the general assembly by December thirty-first of each year.

8. The department of economic development shall furnish administrative
support and staff for the effective operation of the commission. (L. 2005
H.B. 348 merged with S.B. 252)

Effective 5-11-05 (S.B. 252) 6-22-05 (H.B. 348)

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