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SECOND REGULAR SESSION
HOUSE BILL NO. 2664
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JOBE.
6178H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 41, RSMo, by adding thereto one new section relating to living donor
medical orders for members of the Missouri National Guard.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 41, RSMo, is amended by adding thereto one new section, to be
2 known as section 41.1030, to read as follows:
41.1030. 1. As used in this section, the following terms mean:
2 (1) "Department", the Missouri department of the National Guard;
3 (2) "Living donation period", the period in which a member who chooses to
4 become a living organ donor completes all phases of the living donor pro cess deemed
5 medically necessary for a successful living donation including, but not limited to, the
6 testing, surgical, and recov ery phases;
7 (3) "Member", a member of the Missouri National Guard;
8 (4) "Pro gram", the Missouri guaranteed inclusive voluntary exceptional service
9 (MO GIVES) pr ogram established in subsection 2 of this section.
10 2. Subject to appr opriation, the department shall establish a pr ogram for
11 members who choose to become living organ donors to receiv e living donor medical
12 orders for purposes of rem aining on paid status during the living donation period, to be
13 known as the "Missouri Guaranteed Inclusive V oluntary Exceptional Service (MO
14 GIVES) Pr ogram".
15 3. Any member seeking to become a living organ donor may apply to participate
16 in the pro gram. The department shall appr ove a member's participation in the
17 pr ogram if sufficient funds are available and the member:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (1) Is in either T roop Pr ogram Unit (TPU) status or Individual Ready Reserve
19 (IRR) status;
20 (2) Is in good standing with the department;
21 (3) Either:
22 (a) Is not eligible for living donor paid leave fr om the member's employer ,
23 whether due to the lack of such employer benefit or the failur e to satisfy the eligibility
24 r equir ements; or
25 (b) Elects not to use any such employer -based benefit available to the member;
26 (4) Specifies the type of donation to be made, whether directed to a specific
27 individual, nondir ected, or pair ed; and
28 (5) Agr ees to undergo the pr ocurement operation at a health car e facility
29 appr oved as a provi der of continuing education points for transplant certification by the
30 American Board for T ransplant Certification.
31 4. Upon appr oval of a member's application, the department shall issue a living
32 donor medical order for the member . The order shall:
33 (1) Guarantee paid leave for the member for the living donation period. The
34 period of paid leave guaranteed under the order shall not exceed forty-five days unless
35 an extension of time is deemed medically necessary by the primary surgical and medical
36 r ecovery team;
37 (2) Exempt the member fr om any req uire ment to use accrued annual or medical
38 leave for the paid living donation period guaranteed under the order; and
39 (3) Pr ovide a per diem allowance and a basic allowance for housing during the
40 paid living donation period guaranteed under the order based on the member's rank,
41 r egion as determined by the zip code of the member's home of reco rd, and dependent
42 status.
43 5. Any organ donated thr ough participation in the pro gram may be transported
44 outside this state to the ultimate reci pient.
45 6. Benefits under the prog ram shall be pr ovided thr ough the fund established in
46 subsection 7 of this section.
47 7. (1) Ther e is hereby crea ted in the state tr easury the "MO GIVES Fund",
48 which shall consist of moneys appr opriated to it by the general assembly and any gifts,
49 contributions, grants, or bequests received from federal, private, or other sources . The
50 state tr easur er shall be custodian of the fund. In accordance with sections 30.170 and
51 30.180, the state tr easur er may appr ove disbursements. The fund shall be a dedicated
52 fund and, upon appr opriation, moneys in this fund shall be used solely to prov ide
53 benefits under the pr ogram established in this section.
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54 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
55 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
56 general reven ue fund.
57 (3) The state tre asurer shall invest moneys in the fund in the same manner as
58 other funds ar e invested. Any interes t and moneys earned on such investments shall be
59 cr edited to the fund.
60 8. The department may pr omulgate all necessary rules and r egulations for the
61 administration of this section. Any rule or portion of a rule, as that term is defined in
62 section 536.010, that is crea ted under the authority delegated in this section shall
63 become effective only if it complies with and is subject to all of the provi sions of chapter
64 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
65 and if any of the powers vested with the general assembly pursuant to chapter 536 to
66 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
67 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
68 adopted after August 28, 2026, shall be invalid and void.
✔
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