Effective - 28 Aug 2007
41.970. Civil air patrol, use in support of National Guard missions — definitions — procedure for activation. — 1. As used in this section, the following terms shall mean:
(1) "Civil air patrol", the civilian auxiliary of the United States Air Force established by the United States Congress in 36 U.S.C. Section 40301, et seq. and 10 U.S.C. Section 9441, et seq. Civil air patrol missions include search and rescue, disaster relief, and aerial reconnaissance;
(2) "Office of air search and rescue", as established by section 41.960, within military division of the executive department, office of adjutant general, the wing commander of Missouri wing, civil air patrol; Missouri wing emergency service personnel; and others as necessary for duties assigned to the office.
2. The civil air patrol may be used to support National Guard missions in support of civil authorities or in support of noncombatant National Guard missions, and to support state agencies under memorandums of understanding (MOU) or agreements established between the agencies and the civil air patrol.
3. Requests for activation or support of the civil air patrol shall be made to the commander of the Missouri wing of the civil air patrol. Missions shall be in accordance with laws and regulations applicable to the United States Air Force and the civil air patrol. Prior to activation of the civil air patrol, the adjutant general or the Missouri civil air patrol wing commander shall apply to the Air Force Rescue Coordination Center, the Air Force National Security Emergency Preparedness Agency, or the civil air patrol national operations center for federal mission status and funding.
4. If an operation or mission of the civil air patrol is granted funded federal mission status and assigned an accompanying federal mission number, the following shall apply:
(1) The operation or mission shall be funded by the federal government;
(2) When training or operating under a federal mission number, the members of the civil air patrol shall be considered federal employees for the purposes of tort claims and workers' compensation arising from the performance of the mission or any actions incident to the performance of the mission.
5. If an operation or mission of the civil air patrol is not granted federal mission status and is not assigned an accompanying federal mission number, the following shall apply:
(1) Except for missions and operations supporting the department of public safety or the office of adjutant general, all requests for activation and authorization for any mission or operation of the civil air patrol on behalf of state agencies shall first be approved by the department director of the requesting agency, the adjutant general and the commissioner of administration;
(2) Operations and administration of the civil air patrol relating to missions within the state and for state agencies not qualifying for funded federal mission status shall be funded by the state from moneys appropriated to the requesting state agency for that purpose;
(3) When performing a mission within the state and for state agencies that do not qualify for funded federal mission status, members of the civil air patrol shall be considered state employees for purposes of the state legal expense fund as provided under section 105.711 and for purposes of workers' compensation coverage, as provided under section 105.810;
(4) The procedures in this section apply to any civil air patrol personnel and aircraft from any state that are flying or otherwise supporting missions for Missouri state agencies;
(5) Notwithstanding the provisions of this section to the contrary, emergency operations or missions as determined by the commander of the Missouri wing of the civil air patrol and approved by the adjutant general may be conducted pending funding authorization for federal, state, or other sources.
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(L. 2007 H.B. 619 & 118)
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.