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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 3083 & 2940
103RD GENERAL ASSEMBL Y
6871H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 41.942 and 105.270, RSMo, and to enact in lieu thereof two new sections
relating to leaves of absence for military service, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 41.942 and 105.270, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 41.942 and 105.270, to read as follows:
41.942. 1. Notwithstanding the provisions of subsection 1 of section 105.270, any
2 of ficer or employee of this state, or of any department or agency of this state, or of any
3 county , municipality , school district or other political subdivision, and any other public
4 employee of this state, who is or may become a member of the National Guard or of any
5 reserve component of the Armed Forces of the United States and who is engaged in the
6 performance of duty in the service of the United States under competent orders for an
7 extended and indefinite period of time, shall be entitled to leave of absence from his or her
8 respective duties as a public of ficer or employee until such military service is completed
9 without loss of position, seniority , accumulated leave, impairment of performance appraisal,
10 pay status, work schedule including shift, working days and days of f assigned to the of ficer or
11 employee at the time leave commences, and any other right or benefit to which the of ficer or
12 employee is entitled, and no retirement benefit shall be diminished or eliminated because of
13 such service.
14 2. The of ficer or employee shall file with the appointing authority or supervising
15 agency an of ficial order from the appropriate military authority as evidence of such duty for
16 which the leave of absence is granted.
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.
17 3. A volunteer fir efighter , as defined in section 320.333, shall be entitled to all
18 pr otections of this section applicable to public employees other than pr otections rel ating
19 to monetary compensation, as defined in section 320.333.
105.270. 1. All of ficers and employees of this state, or of any department or agency
2 thereof, or of any county , municipality , school district, or other political subdivision, and all
3 other public employees of this state who are or may become members of the National Guard
4 or of any reserve component of the Armed Forces of the United States, shall be entitled to
5 leave of absence from their respective duties, without loss of time, pay , regular leave,
6 impairment of ef ficiency rating, or of any other rights or benefits, to which otherwise entitled,
7 for all periods of military services during which they are engaged in the performance of duty
8 or training in the service of this state at the call of the governor and as ordered by the adjutant
9 general without regard to length of time, and for all periods of military services during which
10 they are engaged in the performance of duty in the service of the United States under
11 competent orders for a period not to exceed a total of [ one hundred twenty hours ] thirty-nine
12 working days in any federal fiscal year .
13 2. Before any payment of salary is made covering the period of the leave the of ficer
14 or the employee shall file with the appointing authority or supervising agency an of ficial
15 order from the appropriate military authority as evidence of such duty for which military
16 leave pay is granted which order shall contain the certification of the of ficer or employee's
17 commanding of ficer of performance of duty in accordance with the terms of such order .
18 3. No member of the or ganized militia shall be dischar ged from employment by any
19 of the aforementioned agencies because of being a member of the or ganized militia, nor shall
20 he or she be hindered or prevented from performing any militia service he or she may be
21 called upon to perform by proper authority nor otherwise be discriminated against or
22 dissuaded from enlisting or continuing his or her service in the militia by threat or injury to
23 him or her in respect to his or her employment. Any of ficer or agent of the aforementioned
24 agencies violating any of the provisions of this section is guilty of a misdemeanor .
25 4. Notwithstanding the provisions of any other administrative rule or law to the
26 contrary , any person entitled to military leave pursuant to the provisions of subsection 1 of
27 this section shall only be char ged military leave for any hours which that person would
28 otherwise have been required to work had it not been for such military leave. The minimum
29 char ge for military leave shall be one hour and additional char ges for military leave shall be in
30 multiples of the minimum char ge.
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HCS HBs 3083 & 2940 2