reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.020 - Federal law applicable, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.020. Federal law applicable, when. —
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.
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(L. 1951 p. 654 § 2)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.025 - POW and MIA designations recognized.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2010
41.025. POW and MIA designations recognized. —
The state of Missouri hereby recognizes the designations of Prisoner of War (POW) and Missing in Action (MIA) as valid descriptions of casualty status and category classification for military personnel.
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(L. 2010 H.B. 1524 & 2260)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.030 - Definitions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2010, 2 histories
41.030. Definitions. —
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.
3.
"Primary next of kin"
are, in order of precedence, surviving spouse, eldest child, father or mother, eldest brother or sister, or eldest grandchild.
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(L. 1951 p. 654 §§ 3, 4, A.L. 1961 p. 479, A.L. 2010 H.B. 1524 & 2260)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.033 - Antiterrorism fund created, purpose — reversion to general revenue prohibited — governor to direct expenditures — antiterrorism activities defined.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2003
41.033. Antiterrorism fund created, purpose — reversion to general revenue prohibited — governor to direct expenditures — antiterrorism activities defined. —
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, and shall make disbursements from said fund for the purposes enumerated in subsection 2 of this section. All contributions derived from section 301.3123, 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 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.
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(L. 2003 S.B. 4)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.035 - Missouri department of the National Guard established.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 08 Dec 2022, see footnote
41.035. Missouri department of the National Guard established. —
1. There is hereby created and established as a department of state government the "Missouri Department of the National Guard" headed by the adjutant general as provided in Article IV of the Constitution of Missouri, and this chapter and other chapters. The Missouri department of the National Guard shall administer the militia and programs of the state relating to military forces, except for the Missouri veterans commission which is assigned to the department of public safety as provided in chapters 42 and 650.
2. The office of adjutant general and the state militia are hereby transferred to the Missouri department of the National Guard by a type I transfer as defined in section 1 of the Omnibus State Reorganization Act of 1974.
3. Nothing herein shall be construed to interfere with the powers and duties of the governor provided in Article IV, Section 6 of the Constitution of Missouri or this chapter.
4. Rules necessary to administer and implement this section may be established by the department. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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 December 8, 2022, shall be invalid and void.
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(L. 2021 S.B. 120)
Effective 12-08-22, see § 41.036
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.036 - Contingent effective date.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2021
41.036. Contingent effective date. —
The enactment of section 41.035 and the repeal and reenactment of section 650.005 of this act
*
shall become effective only upon approval by the voters of an amendment to article IV of the Constitution of Missouri that establishes the Missouri department of the National Guard.
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(L. 2021 S.B. 120 § C)
* "This act" (S.B. 120, 2021) contained numerous sections. Consult Disposition of Sections Table for a definitive listing.
Revisor's note: Voters approved article IV, section 12 of the Constitution of Missouri on November 8, 2022, effective December 8, 2022.
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.040 - Military division of executive department — what constitutes.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.040. Military division of executive department — what constitutes. —
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.
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(L. 1951 p. 654 § 5)
CROSS REFERENCE:
Commander in chief of militia, Const. Art. IV § 6
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.050 - State militia, members.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2018, 3 histories
41.050. State militia, members. —
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 state defense 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. The maximum age requirement may be waived by the adjutant general on a case-by-case basis.
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(L. 1951 p. 654 § 7, A.L. 2012 H.B. 1105, A.L. 2018 H.B. 1469 merged with H.B. 1503)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.060 - Militia service, persons exempt.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.060. Militia service, persons exempt. —
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.
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(L. 1951 p. 654 § 8)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.070 - Organized and unorganized militia.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2018, 3 histories
41.070. Organized and unorganized militia. —
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
(3) The Missouri state defense 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.
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(L. 1951 p. 654 § 6, A.L. 2018 H.B. 1469 merged with H.B. 1503)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.080 - Military forces, how organized — oath.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2018, 3 histories
41.080. Military forces, how organized — oath. —
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 Missouri state defense 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."
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(RSMo 1939 § 15029, A.L. 1951 p. 654 § 33, A.L. 1953 p. 561, A.L. 2018 H.B. 1469 merged with H.B. 1503)
Prior revisions: 1929 § 13836; 1919 § 7364
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.090 - Rules and regulations.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.090. Rules and regulations. —
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.
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(RSMo 1939 § 15059, A.L. 1951 p. 654 § 18)
Prior revisions: 1929 § 13866; 1919 § 7381
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.100 - Governor may reorganize, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.100. Governor may reorganize, when. —
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.
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(RSMo 1939 § 15023, A.L. 1951 p. 654 § 19)
Prior revisions: 1929 § 13830; 1919 § 7358
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.110 - State defense force — organization, discipline, government.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2018, 3 histories
41.110. State defense force — organization, discipline, government. —
The organization, discipline and government of the Missouri state defense force and the rights and benefits of the members thereof shall be the same as prescribed by this act for the organized Missouri state defense force 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.
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(RSMo 1939 § 15021, A.L. 1951 p. 654 § 91, A.L. 2018 H.B. 1469 merged with S.B. 1503)
Prior revisions: 1929 § 13828; 1919 § 7356
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.120 - Governor, commander in chief of militia.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.120. Governor, commander in chief of militia. —
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.
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(RSMo 1939 § 15015, A.L. 1951 p. 654 § 9)
Prior revisions: 1929 § 13822; 1919 § 7350
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.130 - Honorary staff members, governor may appoint.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.130. Honorary staff members, governor may appoint. —
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.
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(RSMo 1939 § 15015, A.L. 1951 p. 654 § 10)
Prior revisions: 1929 § 13822; 1919 § 7350
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.140 - Adjutant general — appointment — compensation — bond.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1980, 2 histories
41.140. Adjutant general — appointment — compensation — bond. —
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.
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(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:
Transferred to the Missouri Department of the National Guard, 41.035, 41.036
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.150 - Assistant adjutants general — appointment — duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2009, 4 histories
41.150. Assistant adjutants general — appointment — duties. —
The adjutant general may assign the number of assistant adjutants general that are authorized by National Guard Bureau rules and regulations from the ground forces and the air forces of this state. The assistant adjutants general shall, if they qualify therefor
*
, hold military rank as may be authorized and approved for the positions by the National Guard Bureau of the United States. The assistant adjutants general, at the time of their appointment, shall have not less than ten years of 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, five years of the service being in field grade. The assistant adjutants general shall serve at the pleasure of the adjutant general and perform such duties as are assigned by the adjutant general. During any period when the adjutant general is unable to perform such duties, the senior assistant adjutant general may, under the direction of the governor, perform the duties of the adjutant general.
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(L. 1951 p. 654 § 24, A.L. 1953 p. 561, A.L. 1961 p. 479, A.L. 2002 H.B. 2047, A.L. 2006 S.B. 964, A.L. 2009 H.B. 427 merged with H.B. 861)
*Word "therefore" appears in original rolls.
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.170 - Adjutant general — records — duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1959, 2 histories
41.170. Adjutant general — records — duties. —
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.
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(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
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.180 - Commissioner of war service records — appointment — compensation.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.180. Commissioner of war service records — appointment — compensation. —
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.
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(RSMo 1939 § 15016, A.L. 1951 p. 654 § 27)
Prior revisions: 1929 § 13823; 1919 § 7351
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.190 - Clerical personnel — appointment — compensation.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.190. Clerical personnel — appointment — compensation. —
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.
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(L. 1951 p. 654 § 25)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.200 - Exhibits of equipment and property.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.200. Exhibits of equipment and property. —
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.
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(L. 1951 p. 654 § 28)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.201 - Use of state-owned vehicles, Missouri National Guard members considered state employees — exception.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2021
41.201. Use of state-owned vehicles, Missouri National Guard members considered state employees — exception. —
Service members of the Missouri National Guard shall be considered state employees for the purposes of operating state-owned vehicles for official state business, unless the
*
members are called into active federal military service by order of the President of the United States under and pursuant to Title 10 of the United States Code.
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(L. 2021 S.B. 6 merged with S.B. 120 merged with S.B. 258)
*Word "such" appears here in original rolls of S.B. 6, 2021.
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.206 - Missouri Youth Challenge Academy authorized, purpose — rulemaking authority.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 27 May 2010, see footnote
41.206. Missouri Youth Challenge Academy authorized, purpose — rulemaking authority. —
1. The adjutant general may establish the "Missouri Youth Challenge Academy" in order to provide positive interventions in the lives of at-risk high school-age youth. The academy will utilize residential military-based training and supervised work experience to build life skills of high school dropouts. Academy participants will receive training that focuses on responsible citizenship, life-coping skills, academic skills, job training and placement, physical fitness, services to the community, personal development, group skills, professional values, and additional subjects as directed by the adjutant general.
2. Rules necessary to administer and implement this section may be established by the adjutant general. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2010, shall be invalid and void.
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(L. 2010 H.B. 1524 & 2260 merged with H.B. 2262 & 2264)
Effective 5-27-10
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.207 - Missouri Youth Challenge Foundation Fund created, use of moneys.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 27 May 2010, see footnote
41.207. Missouri Youth Challenge Foundation Fund created, use of moneys. —
The "Missouri Youth Challenge Foundation 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 to support the Missouri youth challenge academy as specified in section 41.206. The provisions of section 33.080 requiring all unexpended balances remaining in various state funds to be transferred and placed to the credit of the general revenue fund of the state at the end of each biennium shall not apply to the Missouri youth challenge foundation fund. Interest and moneys earned on the fund shall be credited to the fund. Moneys in the fund shall be used for the sole purpose of funding the Missouri youth challenge academy established under section 41.206.
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(L. 2010 H.B. 1524 & 2260 merged with H.B. 2262 & 2264)
Effective 5-27-10
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.210 - Adjutant general's revolving fund — disbursements — exemption from transfer to general revenue.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 30 Apr 1982, 2 histories, see footnote
41.210. Adjutant general's revolving fund — disbursements — exemption from transfer to general revenue. —
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 relating to the transfer of unexpended balances to the general revenue fund.
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(L. 1951 p. 654 §§ 30, 31, A.L. 1982 S.B. 715)
Effective: 4-30-82
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.212 - National Guard training site fund established — purpose — unexpended balance exempt from transfer to general revenue.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 10 May 1994, see footnote
41.212. National Guard training site fund established — purpose — unexpended balance exempt from transfer to general revenue. —
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 relating to the transfer of unexpended balances to the general revenue fund.
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(L. 1994 S.B. 460)
Effective 5-10-94
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.216 - Grants and financial assistance from the Missouri military family relief fund, who may authorize — rulemaking authority.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2014, 3 histories
41.216. Grants and financial assistance from the Missouri military family relief fund, who may authorize — rulemaking authority. —
1. Subject to appropriation and upon the recommendation of a panel consisting of a sergeant major of the Missouri National Guard, a sergeant 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 or provide other financial assistance or services 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.
2. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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.
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(L. 2005 H.B. 437, A.L. 2010 H.B. 1524 & 2260, A.L. 2014 H.B. 1724)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.218 - Missouri military family relief fund created, use of moneys.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2005
41.218. Missouri military family relief fund created, use of moneys. —
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 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.
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(L. 2005 H.B. 437)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.230 - Federal property disbursing officer — duties — compensation.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.230. Federal property disbursing officer — duties — compensation. —
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.
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(RSMo 1939 § 15016, A.L. 1951 p. 654 § 29)
Prior revisions: 1929 § 13823; 1919 § 7351
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.240 - Officers — appointment — oath.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1953, 2 histories
41.240. Officers — appointment — oath. —
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.
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(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
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.250 - Warrant and flight officers — appointment.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.250. Warrant and flight officers — appointment. —
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.
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(L. 1951 p. 654 § 47)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.260 - State defense force — selection of officers.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 2018, 3 histories
41.260. State defense force — selection of officers. —
Officers of the Missouri state defense force 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 Missouri state defense force at the same time and the acceptance of one shall not have the effect of vacating the other. The Missouri state defense force shall be under the command of the commanding general designated by the governor by and with the advice and consent of the senate.
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(RSMo 1939 § 15020, A.L. 1951 p. 654 § 90, A.L. 2018 H.B. 1469 merged with H.B. 1503)
Prior revisions: 1929 § 13827; 1919 § 7355
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.270 - Officers' bonds.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.270. Officers' bonds. —
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.
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(L. 1951 p. 654 § 40)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.280 - Officer's accountability for property — suit for recovery, how brought.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.280. Officer's accountability for property — suit for recovery, how brought. —
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.
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(RSMo 1939 §§ 15070, 15071, 15072; A.L. 1951 p. 654 § 41)
Prior revisions: 1929 §§ 13877, 13878, 13879; 1919 §§ 7392, 7393, 7394
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.290 - Assignment or transfer of officers.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.290. Assignment or transfer of officers. —
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.
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(L. 1951 p. 654 § 48)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.300 - Officers — resignation — acceptance refused, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.300. Officers — resignation — acceptance refused, when. —
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.
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(L. 1951 p. 654 § 53)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.310 - Officers — retirement.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1961, 2 histories
41.310. Officers — retirement. —
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.
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(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
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.320 - Officers — separation from service — reasons.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.320. Officers — separation from service — reasons. —
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.
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(RSMo 1939 § 15031, A.L. 1951 p. 654 § 51)
Prior revisions: 1929 § 13838; 1919 § 7366
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.330 - Officer dismissed from service, how.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.330. Officer dismissed from service, how. —
An officer may be dismissed from the service only by a sentence of a general court-martial, which sentence is approved by the governor.
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(L. 1951 p. 654 § 57)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.340 - Officer's commission — vacated, how.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.340. Officer's commission — vacated, how. —
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.
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(RSMo 1939 § 15032, A.L. 1951 p. 654 § 52)
Prior revisions: 1929 § 13839; 1919 § 7367
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.350 - Absence without leave — penalty.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.350. Absence without leave — penalty. —
An officer absent without leave for a period of thirty days may, with approval of the governor, have his commission terminated.
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(L. 1951 p. 654 § 56)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.360 - Efficiency board — appointment — duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.360. Efficiency board — appointment — duties. —
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.
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(RSMo 1939 § 15031, A.L. 1951 p. 654 § 54)
Prior revisions: 1929 § 13838; 1919 § 7366
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.370 - Medical board, duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.370. Medical board, duties. —
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.
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(L. 1951 p. 654 § 55)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 41 - Military Forces › Section 41.380 - Noncommissioned officers — appointment, how made.

Title V MILITARY AFFAIRS AND POLICE
Chapter 41
• Effective - 28 Aug 1951, 2 histories
41.380. Noncommissioned officers — appointment, how made. —
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.
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(L. 1951 p. 654 § 60)