Effective - 28 Aug 2011, 3 histories
41.950. Members of military forces called to active duty — relieved from certain provisions of law. — 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 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 or her driver's license while performing such military service shall be required to take a complete examination as required under section 302.173 when renewing his or her license within ninety days after completing such military service and reestablishing residence within the state;
(3) Any motor vehicle registration required under chapter 301 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, 317, 324, 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, and interpreters licensed under sections 209.319 to 209.339, 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 corporate registration 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 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 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 described in subsection 1 of this section who performs such military service on or after August 2, 1990.
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(L. 1991 S.B. 358 § 5, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 H.B. 481, A.L. 2011 H.B. 204)
Structure Missouri Revised Statutes
Title V - Military Affairs and Police
Section 41.010 - Title of law — purpose.
Section 41.020 - Federal law applicable, when.
Section 41.025 - POW and MIA designations recognized.
Section 41.035 - Missouri department of the National Guard established.
Section 41.036 - Contingent effective date.
Section 41.040 - Military division of executive department — what constitutes.
Section 41.050 - State militia, members.
Section 41.060 - Militia service, persons exempt.
Section 41.070 - Organized and unorganized militia.
Section 41.080 - Military forces, how organized — oath.
Section 41.090 - Rules and regulations.
Section 41.100 - Governor may reorganize, when.
Section 41.110 - State defense force — organization, discipline, government.
Section 41.120 - Governor, commander in chief of militia.
Section 41.130 - Honorary staff members, governor may appoint.
Section 41.140 - Adjutant general — appointment — compensation — bond.
Section 41.150 - Assistant adjutants general — appointment — duties.
Section 41.160 - Adjutant general — duties.
Section 41.170 - Adjutant general — records — duties.
Section 41.180 - Commissioner of war service records — appointment — compensation.
Section 41.190 - Clerical personnel — appointment — compensation.
Section 41.200 - Exhibits of equipment and property.
Section 41.206 - Missouri Youth Challenge Academy authorized, purpose — rulemaking authority.
Section 41.207 - Missouri Youth Challenge Foundation Fund created, use of moneys.
Section 41.214 - Missouri National Guard trust fund, established, disbursements.
Section 41.218 - Missouri military family relief fund created, use of moneys.
Section 41.220 - Military council — duties — meetings.
Section 41.230 - Federal property disbursing officer — duties — compensation.
Section 41.240 - Officers — appointment — oath.
Section 41.250 - Warrant and flight officers — appointment.
Section 41.260 - State defense force — selection of officers.
Section 41.270 - Officers' bonds.
Section 41.280 - Officer's accountability for property — suit for recovery, how brought.
Section 41.290 - Assignment or transfer of officers.
Section 41.300 - Officers — resignation — acceptance refused, when.
Section 41.310 - Officers — retirement.
Section 41.320 - Officers — separation from service — reasons.
Section 41.330 - Officer dismissed from service, how.
Section 41.340 - Officer's commission — vacated, how.
Section 41.350 - Absence without leave — penalty.
Section 41.360 - Efficiency board — appointment — duties.
Section 41.370 - Medical board, duties.
Section 41.380 - Noncommissioned officers — appointment, how made.
Section 41.390 - Enlisted men — qualifications — term — oath — penalty for false statements.
Section 41.400 - Enlisted men — transfers.
Section 41.410 - Enlisted men — discharge — separation from service.
Section 41.420 - Discharges shall be recorded and copies of records furnished without fee.
Section 41.430 - Officers and enlisted personnel, compensation and allowances for active duty.
Section 41.435 - Reenlistment bonus may be paid.
Section 41.440 - Active duty — expenses allowed.
Section 41.450 - State defense force, how equipped.
Section 41.460 - Discipline and training.
Section 41.480 - Organized militia when called to duty — martial law.
Section 41.490 - State defense force — powers of governor.
Section 41.500 - State defense force — called to duty, when.
Section 41.510 - Refusal to obey orders — penalty.
Section 41.520 - Governor may suspend code, when.
Section 41.530 - Governor shall order militia into federal service, when.
Section 41.540 - Organized militia in federal service — retention of designations.
Section 41.550 - Credit for time in federal service.
Section 41.560 - Meritorious service medal.
Section 41.570 - Conspicuous service medal.
Section 41.572 - Legion of merit medal.
Section 41.578 - Missouri adjutant general staff identification badge.
Section 41.580 - Long service ribbon.
Section 41.582 - Missouri Iraq campaign ribbon.
Section 41.584 - Missouri Afghanistan campaign ribbon.
Section 41.586 - Missouri Kosovo campaign ribbon.
Section 41.588 - Missouri Vietnam campaign ribbon.
Section 41.592 - Missouri National Guard first sergeant ribbon.
Section 41.594 - Governor's unit citation.
Section 41.595 - Missouri National Guard overseas training ribbon, eligibility.
Section 41.596 - Missouri National Guard state partnership program ribbon, eligibility.
Section 41.597 - Order of the minuteman award, eligibility — limitation on number awarded.
Section 41.670 - Armories — free use of — exempt from taxation, when.
Section 41.672 - William E. "Bud" Lewis Armory.
Section 41.674 - Lawrence A. Witt National Guard Armory designated in Lawrence County.
Section 41.676 - Sergeant Robert Wayne Crow Jr. Memorial Armory designated in Joplin.
Section 41.680 - Members of organized militia exempt from civil process, when.
Section 41.690 - Conservators of the peace.
Section 41.700 - Organized militia not liable for acts done in performance of duty.
Section 41.710 - Blank cartridges not to be fired, when — penalty.
Section 41.720 - Resisting militia — penalty.
Section 41.730 - Militia, discrimination and interference with prohibited — penalty.
Section 41.740 - Militia — right-of-way on streets or highways — penalty for obstructing.
Section 41.750 - Campground or armory — intrusion — penalty.
Section 41.780 - Uniform not to be worn by unauthorized person — penalty.
Section 41.790 - Violation of code — penalty.
Section 41.890 - Military personnel to hold Missouri resident status, when.
Section 41.910 - Adjutant general may elect to purchase insurance or be self-insurer.
Section 41.920 - Tort liability denied.
Section 41.930 - Average earnings, how determined.
Section 41.944 - Certain military service, termination of lease — requirements.
Section 41.955 - Lease of National Guard property authorized, purpose — contents of lease.
Section 41.958 - Honor detail, training — rules.
Section 41.960 - Office of air search and rescue, authorized.
Section 41.964 - Funds, limitations.
Section 41.966 - Acceptance of gifts, grants, loans, authorized.