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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1003
103RD GENERAL ASSEMBLY
5751S.05C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 41.216, 41.220, 41.475, 42.300, 42.310, 42.312, 42.315, 105.265, 105.270, and
173.239, RSMo, and to enact in lieu thereof eighteen new sections relating to military
affairs, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 41.216, 41.220, 41.475, 42.300, 1
42.310, 42.312, 42.315, 105.265, 105.270, and 173.239, RSMo, 2
are repealed and eighteen new sections enacted in lieu thereof, 3
to be known as sections 41.216, 41.475, 41.598, 41.599, 41.1015, 4
41.1016, 41.1017, 41.1018, 42.300, 42.310, 42.311, 42.312, 5
42.313, 42.315, 42.316, 105.265, 105.270, and 173.239, to read 6
as follows:7
41.216. 1. Subject to appropriation and upon the 1
recommendation of a panel consisting of a [sergeant major] 2
senior enlisted leader of the Missouri National Guard, a 3
sergeant major of a reserve component or its equivalent, and 4
a representative of the Missouri [veterans] veterans' 5
commission [who shall establish criteria for the grants by 6
the promulgation of rules and regulations], the adjutant 7
general shall have the power to establish criteria for the 8
grants by the promulgation of rules and regulations, and to 9
make grants or provide other financial assistance or 10
services from the Missouri military family relief fund to 11
members of the Missouri National Guard, families of persons 12
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who are members of the Missouri National Guard [or], and to 13
Missouri residents who are members of the reserves of the 14
Armed Forces of the United States. 15
2. Any rule or portion of a rule, as that term is 16
defined in section 536.010, that is created under the 17
authority delegated in this section shall become effective 18
only if it complies with and is subject to all of the 19
provisions of chapter 536 and, if applicable, section 20
536.028. This section and chapter 536 are nonseverable and 21
if any of the powers vested with the general assembly 22
pursuant to chapter 536 to review, to delay the effective 23
date, or to disapprove and annul a rule are subsequently 24
held unconstitutional, then the grant of rulemaking 25
authority and any rule proposed or adopted after August 28, 26
2005, shall be invalid and void. 27
41.475. 1. The governor is hereby authorized to 1
request volunteers of the organized militia to assist 2
federal law enforcement authorities within or outside the 3
state, or to assist federal, state or local law enforcement 4
authorities within this state, and order such volunteers to 5
duty for the purpose of providing assistance in drug 6
interdiction and counter-drug activities and operation and 7
maintenance of equipment and facilities for such purposes 8
pursuant to plans adopted and funding assistance received 9
under the provisions of 32 U.S.C. 112. 10
2. The governor may delegate the authority conferred 11
by this section to the adjutant general, but the governor 12
shall retain sole authority to approve any and all plans 13
submitted to the Secretary of Defense under 32 U.S.C. 112. 14
The adjutant general shall ensure that all directives and 15
policies of the Department of Defense and National Guard 16
Bureau are followed. Personnel assisting in such activities 17
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shall obey and execute the instructions of the civil 18
authorities charged by law with responsibility for law 19
enforcement. 20
3. The adjutant general is hereby authorized to 21
present, in the name of the state of Missouri, a Missouri 22
National Guard counterdrug program ribbon, which shall be of 23
suitable design, as may be determined by the adjutant 24
general, to individual members of the Missouri National 25
Guard who have participated in the counterdrug program. The 26
period of eligibility shall be from January 1, 1989, to a 27
future date to be determined by the adjutant general or the 28
cessation of the counterdrug program. No Missouri National 29
Guard counterdrug program ribbon shall be awarded to or 30
retained by any person whose entire service shall not have 31
been honorable. If a member qualifies for the Missouri 32
National Guard counterdrug program ribbon but dies before 33
making a request or before receipt, then the Missouri 34
National Guard counterdrug program ribbon may be requested 35
by and presented to the surviving primary next of kin. The 36
adjutant general shall adopt policies and operating 37
regulations concerning only its internal management of this 38
Missouri National Guard counterdrug program ribbon, which 39
need not be published in the Missouri Register or the code 40
of state regulations under chapter 536, but these 41
regulations shall be available for public inspection and 42
review. 43
41.598. The adjutant general is hereby authorized to 1
present, in the name of the state of Missouri, a Missouri 2
National Guard homeland response force program ribbon, which 3
shall be of suitable design, as may be determined by the 4
adjutant general, to individual members of the Missouri 5
National Guard who have participated in the homeland 6
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response force program. The period of eligibility shall be 7
from January 1, 2012, to a future date to be determined by 8
the adjutant general or the cessation of the homeland 9
response force program. No Missouri National Guard homeland 10
response force program ribbon shall be awarded to or 11
retained by any person whose entire service shall not have 12
been honorable. If a member qualifies for the Missouri 13
National Guard homeland response force ribbon but dies 14
before making a request or before receipt, then the Missouri 15
National Guard homeland response force program ribbon may be 16
requested by and presented to the surviving primary next of 17
kin. The adjutant general shall adopt policies and 18
operating regulations concerning only its internal 19
management of this Missouri National Guard homeland response 20
force program ribbon, which need not be published in the 21
Missouri Register or the code of state regulations under 22
chapter 536, but these regulations shall be available for 23
public inspection and review. 24
41.599. The adjutant general is hereby authorized to 1
present, in the name of the state of Missouri, a Missouri 2
National Guard engineer explosive ordnance clearance agent 3
ribbon, which shall be of suitable design, as may be 4
determined by the adjutant general, to individual members of 5
the Missouri National Guard who have participated in an 6
engineer explosive ordnance clearance agent course. The 7
period of eligibility shall be from January 1, 2012, to a 8
future date to be determined by the adjutant general or the 9
cessation of the engineer explosive ordnance clearance agent 10
course. No Missouri National Guard engineer explosive 11
ordnance clearance agent ribbon shall be awarded to or 12
retained by any person whose entire service shall not have 13
been honorable. If a member qualifies for the Missouri 14
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National Guard engineer explosive ordnance clearance agent 15
ribbon but dies before making a request or before receipt, 16
then the Missouri National Guard engineer explosive ordnance 17
clearance agent ribbon may be requested by and presented to 18
the surviving primary next of kin. The adjutant general 19
shall adopt policies and operating regulations concerning 20
only its internal management of this Missouri National Guard 21
engineer explosive ordnance clearance agent ribbon, which 22
need not be published in the Missouri Register or the code 23
of state regulations under chapter 536, but these 24
regulations shall be available for public inspection and 25
review. 26
41.1015. Sections 41.1015 to 41.1018 shall be known 1
and may be cited as the "Cybersecurity Mission Act". 2
41.1016. As used in sections 41.1015 to 41.1018, the 1
following terms mean: 2
(1) "Critical infrastructure facility", the same 3
meaning as such term is defined in section 569.086; 4
(2) "Cyber-attack prevention", proactive measures and 5
strategies implemented to identify, reduce, and eliminate 6
vulnerabilities in information systems, including, but not 7
limited to, risk assessments, employee training, system 8
updates, firewalls, encryption, and access controls, with 9
the goal of preventing unauthorized access or malicious 10
activities; 11
(3) "Cyber-attack response", actions taken during and 12
immediately following a cybersecurity incident or cyber 13
attack to contain, mitigate, and remediate the effects of 14
the incident, including, but not limited to, incident 15
reporting, forensic analysis, system isolation, and 16
communication with affected parties; 17
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(4) "Cyber-attack support", assistance provided to 18
parties or entities affected by a cybersecurity incident, 19
including, but not limited to, technical aid, recovery of 20
data and systems, mitigation efforts, and guidance on 21
improving future cybersecurity measures; 22
(5) "Cybersecurity", the practice of protecting 23
networks, systems, devices, data, and information from 24
unauthorized access, disruption, destruction, or theft, 25
through the implementation of policies, procedures, 26
technologies, and practices designed to ensure the 27
confidentiality, integrity, reliability, and availability of 28
the networks, systems, devices, data, and information; 29
(6) "Governing body", the same meaning as such term is 30
defined in section 67.750; 31
(7) "Law enforcement agency", the same meaning as such 32
term is defined in section 590.1040; 33
(8) "Political subdivision", the same meaning as such 34
term is defined in section 67.750; 35
(9) "Public college and university", the same meaning 36
as the term "public colleges and universities" is defined in 37
section 173.355; 38
(10) "Utility company", the same meaning as such term 39
is defined in section 393.550. 40
41.1017. 1. Upon the request of the director of the 1
department of public safety or his or her designee, the 2
Missouri National Guard may enter into agreements with a 3
party or parties, pertaining to rendering aid related to 4
cybersecurity, cyber-attack prevention, cyber-attack 5
response, and cyber-attack support activities for this state 6
or for a political subdivision, governing body, public 7
college and university, law enforcement agency, utility 8
company, and critical infrastructure facility of this state, 9
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but under no circumstances shall the Missouri National Guard 10
violate the civil liberties or constitutional rights of any 11
United States citizen or access, modify, scan, control, or 12
view content contained within any civilian-owned system, 13
device, telephone, computer, communications, or network 14
without the consent of the owner explicitly and 15
conspicuously given to the Missouri National Guard. 16
2. The adjutant general may activate members of the 17
Missouri National Guard, on state orders, to carry out the 18
rendering of aid covered under subsection 1 of this section. 19
3. The adjutant general may charge and may receive 20
reimbursement for expenses incurred by the Missouri National 21
Guard, related to rendering aid pursuant to subsection 1 of 22
this section. The adjutant general shall determine when 23
activating members of the Missouri National Guard, on state 24
orders, whether expenses related to rendering aid pursuant 25
to subsection 1 of this section shall be collected through 26
reimbursement or charge prior to the time the services are 27
rendered. If expenses are collected by charge prior to the 28
time the services are rendered and the amount of such 29
expense cannot be readily determined, then the adjutant 30
general shall receive, from the requesting party, a deposit 31
based upon the likely amount of such expense, and the 32
balance of such expense shall be payable immediately upon 33
ascertainment of the proper amount of said expense. 34
4. There is hereby created in the state treasury the 35
"Missouri National Guard Cybersecurity Revolving Fund", 36
which shall consist of: 37
(1) Monies appropriated by the general assembly; 38
(2) Monies received as a charge for expenses incurred 39
by the Missouri National Guard, related to rendering aid 40
pursuant to subsection 1 of this section; and 41
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(3) Monies received as reimbursement for expenses 42
incurred by the Missouri National Guard, related to 43
rendering aid pursuant to subsection 1 of this section. 44
This fund shall be administered by the adjutant general. 45
All funds received under this section shall be transmitted 46
to the director of revenue for deposit in the fund and 47
shall, upon appropriation by the general assembly, be used 48
by the adjutant general for the sole purpose of rendering 49
aid pursuant to subsection 1 of this section. The state 50
treasurer shall be the custodian of the fund and shall issue 51
warrants from the fund at the request of the adjutant 52
general after approval for payment is made by the 53
commissioner of administration. Notwithstanding the 54
provisions of section 33.080 to the contrary, moneys in the 55
Missouri National Guard cybersecurity revolving fund at the 56
end of any biennium shall not be transferred to the credit 57
of the general revenue fund. 58
41.1018. The adjutant general shall administer the 1
provisions of sections 41.1015 to 41.1018, and may adopt all 2
rules and regulations necessary to administer the provisions 3
of sections 41.1015 to 41.1018. Any rule or portion of a 4
rule, as that term is defined in section 536.010, that is 5
created under the authority delegated in sections 41.1015 to 6
41.1018 shall become effective only if it complies with and 7
is subject to all of the provisions of chapter 536 and, if 8
applicable, section 536.028. Sections 41.1015 to 41.1018 9
and chapter 536 are nonseverable and if any of the powers 10
vested with the general assembly pursuant to chapter 536 to 11
review, to delay the effective date, or to disapprove and 12
annul a rule are subsequently held unconstitutional, then 13
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the grant of rulemaking authority and any rule proposed or 14
adopted after August 28, 2026, shall be invalid and void. 15
42.300. 1. There is hereby created in the state 1
treasury the "Veterans Commission Capital Improvement Trust 2
Fund" which shall consist of money collected under section 3
313.835. The state treasurer shall administer the veterans 4
commission capital improvement trust fund, and the moneys in 5
such fund shall be used solely, upon appropriation, by the 6
Missouri [veterans] veterans' commission for: 7
(1) The construction, maintenance or renovation or 8
equipment needs of veterans' homes in this state; 9
(2) The construction, maintenance, renovation, 10
equipment needs and operation of veterans' cemeteries in 11
this state; 12
(3) Fund transfers to Missouri veterans' homes fund 13
established under the provisions of section 42.121, as 14
necessary to maintain solvency of the fund; 15
(4) Fund transfers to any municipality with a 16
population greater than four hundred thousand and located in 17
part of a county with a population greater than six hundred 18
thousand in this state which has established a fund for the 19
sole purpose of the restoration, renovation and maintenance 20
of a memorial or museum or both dedicated to World War I. 21
Appropriations from the veterans commission capital 22
improvement trust fund to such memorial fund shall be 23
provided only as a one-time match for other funds devoted to 24
the project and shall not exceed five million dollars. 25
Additional appropriations not to exceed ten million dollars 26
total may be made from the veterans commission capital 27
improvement trust fund as a match to other funds for the new 28
construction or renovation of other facilities dedicated as 29
veterans' memorials in the state. All appropriations for 30
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renovation, new construction, reconstruction, and 31
maintenance of veterans' memorials shall be made only for 32
applications received by the Missouri [veterans] veterans' 33
commission prior to July 1, 2004; 34
(5) The issuance of matching fund grants for veterans' 35
service officer programs to any federally chartered 36
veterans' organization or municipal government agency that 37
is certified by the Veterans Administration to process 38
veteran claims within the Veterans Administration System; 39
provided that such veterans' organization has maintained a 40
veterans' service officer presence within the state of 41
Missouri for the three-year period immediately preceding the 42
issuance of any such grant. A total of one million five 43
hundred thousand dollars in grants shall be made available 44
annually for service officers and joint training and 45
outreach between veterans' service organizations and the 46
Missouri [veterans] veterans' commission with grants being 47
issued in July of each year. Application for the matching 48
grants shall be made through and approved by the Missouri 49
[veterans] veterans' commission based on the requirements 50
established by the commission; 51
(6) For payment of Missouri National Guard and 52
Missouri [veterans] veterans' commission expenses associated 53
with providing medals, medallions, and certificates in 54
recognition of service in the Armed Forces of the United 55
States [during World War II, the Korean Conflict, and the 56
Vietnam War under sections 42.170 to 42.226] for any 57
conflict, war, operation, or similar incident identified 58
under chapter 42. Any funds remaining from the medals, 59
medallions, and certificates shall not be transferred to any 60
other fund and shall only be utilized for the awarding of 61
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future medals, medallions, and certificates in recognition 62
of service in the Armed Forces; 63
(7) Fund transfers totaling ten million dollars to any 64
municipality with a population greater than three hundred 65
fifty thousand inhabitants and located in part in a county 66
with a population greater than six hundred thousand 67
inhabitants and with a charter form of government, for the 68
sole purpose of the construction, restoration, renovation 69
and maintenance of a memorial or museum or both dedicated to 70
World War I; and 71
(8) The administration of the Missouri [veterans] 72
veterans' commission. 73
2. Any interest which accrues to the fund shall remain 74
in the fund and shall be used in the same manner as moneys 75
which are transferred to the fund under this section. 76
Notwithstanding the provisions of section 33.080 to the 77
contrary, moneys in the veterans commission capital 78
improvement trust fund at the end of any biennium shall not 79
be transferred to the credit of the general revenue fund. 80
3. Upon request by the [veterans] Missouri veterans' 81
commission, the general assembly may appropriate moneys from 82
the veterans commission capital improvement trust fund to 83
the Missouri National Guard trust fund to support the 84
activities described in section 41.958. 85
42.310. 1. There is hereby created within the state 1
adjutant general's office the "Operation Iraqi Freedom and 2
Operation New Dawn Medallion Program". Every veteran who 3
honorably served on active duty in the United States 4
military service at any time beginning March 19, 2003, and 5
ending December 15, 2011, shall be entitled to receive an 6
Operation Iraqi Freedom and Operation New Dawn medallion, 7
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medal, and certificate of appreciation under this section, 8
provided that: 9
(1) Such veteran is a legal resident of this state or 10
was a legal resident of this state at the time he or she 11
entered or was discharged from military service or at the 12
time of his or her death or such veteran served in a unit of 13
the Missouri National Guard regardless of whether such 14
veteran is or ever was a legal resident of this state; and 15
(2) Such veteran was honorably separated or discharged 16
from military service, is still in active service in an 17
honorable status, or was in active service in an honorable 18
status at the time of his or her death. 19
2. The Operation Iraqi Freedom and Operation New Dawn 20
medallion, medal, and certificate shall be awarded 21
regardless of whether such veteran served within the United 22
States or in a foreign country. The medallion, medal, and 23
certificate shall be awarded regardless of whether such 24
veteran was under eighteen years of age at the time of 25
enlistment. 26
3. The following persons may apply for an Operation 27
Iraqi Freedom and Operation New Dawn medallion, medal, and 28
certificate under this section: 29
(1) Any veteran who is entitled to an Operation Iraqi 30
Freedom and Operation New Dawn medallion, medal, and 31
certificate under subsection 1 of this section; 32
(2) Any spouse or eldest living survivor of a deceased 33
veteran who would be entitled to an Operation Iraqi Freedom 34
and Operation New Dawn medallion, medal, and certificate 35
under subsection 1 of this section but who died prior to 36
having made application for such medallion, medal, and 37
certificate. 38
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4. If any spouse or eldest living survivor applies for 39
the Operation Iraqi Freedom and Operation New Dawn 40
medallion, medal, and certificate under this section or if 41
any veteran dies after applying for an Operation Iraqi 42
Freedom and Operation New Dawn medallion, medal, and 43
certificate under this section and such veteran would have 44
been entitled to the Operation Iraqi Freedom and Operation 45
New Dawn medallion, medal, and certificate, the adjutant 46
general shall give the Operation Iraqi Freedom and Operation 47
New Dawn medallion, medal, and certificate to the spouse or 48
eldest living survivor of the deceased veteran. 49
5. The Missouri veterans' commission shall design the 50
form of Operation Iraqi Freedom and Operation New Dawn 51
medallion, medal, and certificate and forward the approved 52
designs to the adjutant general for distribution pursuant to 53
sections 42.310 to 42.311. It is the intent of the general 54
assembly to create statewide involvement in the design of 55
these symbols in recognition of this historic endeavor. 56
Therefore, in designing the forms, the Missouri veterans' 57
commission may solicit potential designs from elementary and 58
secondary schools, veterans' groups, civic organizations, or 59
any other interested parties, and may select the best design 60
from among such solicited designs, or may select another 61
design. 62
6. For purposes of this section, the term "veteran" 63
means any person defined as a veteran by the United States 64
Department of Veterans Affairs or its successor agency. 65
42.311. 1. Except as otherwise provided in sections 1
42.310 to 42.311, the adjutant general shall administer the 2
provisions of sections 42.310 to 42.311, and may adopt all 3
rules and regulations necessary to administer the provisions 4
of sections 42.310 to 42.311. Any rule or portion of a 5
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rule, as that term is defined in section 536.010, that is 6
created under the authority delegated in sections 42.310 to 7
42.311 shall become effective only if it complies with and 8
is subject to all of the provisions of chapter 536 and, if 9
applicable, section 536.028. Sections 42.310 to 42.311 and 10
chapter 536 are nonseverable and if any of the powers vested 11
with the general assembly pursuant to chapter 536 to review, 12
to delay the effective date, or to disapprove and annul a 13
rule are subsequently held unconstitutional, then the grant 14
of rulemaking authority and any rule proposed or adopted 15
after August 28, 2026, shall be invalid and void. 16
2. The adjutant general shall determine as 17
expeditiously as possible the persons who are entitled to an 18
Operation Iraqi Freedom and Operation New Dawn medallion, 19
medal, and certificate under sections 42.310 to 42.311 and 20
distribute the medallions, medals, and certificates as 21
provided in sections 42.310 to 42.311. Applications for the 22
Operation Iraqi Freedom and Operation New Dawn medallion, 23
medal, and certificate shall be filed with the office of the 24
adjutant general at any time after August 28, 2026, on forms 25
prescribed and furnished by the office of the adjutant 26
general. The adjutant general shall approve all 27
applications that are in order, and shall cause an Operation 28
Iraqi Freedom and Operation New Dawn medallion, medal, and 29
certificate to be prepared for each approved veteran in the 30
form created by the Missouri veterans' commission under 31
section 42.310. The medallions, medals, and certificates 32
shall be awarded until the supply of medallions, medals, and 33
certificates is exhausted. The adjutant general shall 34
notify the general assembly when such supply totals less 35
than one hundred. 36
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42.312. 1. There is hereby created within the state 1
adjutant general's office the "Operation Enduring Freedom, 2
Operation Freedom's Sentinel, and Operation Allies Refuge 3
Program". Every veteran who honorably served on active duty 4
in the United States military service at any time beginning 5
October 7, 2001, and ending August 30, 2021, shall be 6
entitled to receive an Operation Enduring Freedom, Operation 7
Freedom's Sentinel, and Operation Allies Refuge medallion, 8
medal, and certificate of appreciation under this section, 9
provided that: 10
(1) Such veteran is a legal resident of this state or 11
was a legal resident of this state at the time he or she 12
entered or was discharged from military service or at the 13
time of his or her death, or such veteran served in a unit 14
of the Missouri National Guard regardless of whether such 15
veteran is or ever was a legal resident of this state; and 16
(2) Such veteran was honorably separated or discharged 17
from military service, is still in active service in an 18
honorable status, or was in active service in an honorable 19
status at the time of his or her death. 20
2. The Operation Enduring Freedom, Operation Freedom's 21
Sentinel, and Operation Allies Refuge medallion, medal, and 22
certificate shall be awarded regardless of whether such 23
veteran served within the United States or in a foreign 24
country. The medallion, medal, and certificate shall be 25
awarded regardless of whether such veteran was under 26
eighteen years of age at the time of enlistment. 27
3. The following persons may apply for an Operation 28
Enduring Freedom, Operation Freedom's Sentinel, and 29
Operation Allies Refuge Program medallion, medal, and 30
certificate under this section: 31
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(1) Any veteran who is entitled to an Operation 32
Enduring Freedom, Operation Freedom's Sentinel, and 33
Operation Allies Refuge Program medallion, medal, and 34
certificate under subsection 1 of this section; 35
(2) Any spouse or eldest living survivor of a deceased 36
veteran who would be entitled to an Operation Enduring 37
Freedom, Operation Freedom's Sentinel, and Operation Allies 38
Refuge Program medallion, medal, and certificate under 39
subsection 1 of this section but who died prior to having 40
made application for such medallion, medal, and certificate. 41
4. If any spouse or eldest living survivor applies for 42
the Operation Enduring Freedom, Operation Freedom's 43
Sentinel, and Operation Allies Refuge Program medallion, 44
medal, and certificate under this section or if any veteran 45
dies after applying for an Operation Enduring Freedom, 46
Operation Freedom's Sentinel, and Operation Allies Refuge 47
Program medallion, medal, and certificate under this section 48
and such veteran would have been entitled to the Operation 49
Enduring Freedom, Operation Freedom's Sentinel, and 50
Operation Allies Refuge Program medallion, medal, and 51
certificate, the adjutant general shall give the Operation 52
Enduring Freedom, Operation Freedom's Sentinel, and 53
Operation Allies Refuge Program medallion, medal, and 54
certificate to the spouse or eldest living survivor of the 55
deceased veteran. 56
5. The Missouri veterans' commission shall design the 57
form of the Operation Enduring Freedom, Operation Freedom's 58
Sentinel, and Operation Allies Refuge Program medallion, 59
medal, and certificate and forward the approved designs to 60
the adjutant general for distribution pursuant to sections 61
42.312 to 42.313. It is the intent of the general assembly 62
to create statewide involvement in the design of these 63
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symbols in recognition of this historic endeavor. 64
Therefore, in designing the forms, the Missouri veterans' 65
commission may solicit potential designs from elementary and 66
secondary schools, veterans' groups, civic organizations, or 67
any other interested parties, and may select the best design 68
from among such solicited designs, or may select another 69
design. 70
6. For purposes of this section, the term "veteran" 71
means any person defined as a veteran by the United States 72
Department of Veterans Affairs or its successor agency. 73
42.313. 1. Except as otherwise provided in sections 1
42.312 to 42.313, the adjutant general shall administer the 2
provisions of sections 42.312 to 42.313, and may adopt all 3
rules and regulations necessary to administer the provisions 4
of sections 42.312 to 42.313. Any rule or portion of a 5
rule, as that term is defined in section 536.010, that is 6
created under the authority delegated in sections 42.312 to 7
42.313 shall become effective only if it complies with and 8
is subject to all of the provisions of chapter 536 and, if 9
applicable, section 536.028. Sections 42.312 to 42.313 and 10
chapter 536 are nonseverable and if any of the powers vested 11
with the general assembly pursuant to chapter 536 to review, 12
to delay the effective date, or to disapprove and annul a 13
rule are subsequently held unconstitutional, then the grant 14
of rulemaking authority and any rule proposed or adopted 15
after August 28, 2026, shall be invalid and void. 16
2. The adjutant general shall determine as 17
expeditiously as possible the persons who are entitled to an 18
Operation Enduring Freedom, Operation Freedom's Sentinel, 19
and Operation Allies Refuge Program medallion, medal, and 20
certificate under sections 42.312 to 42.313 and distribute 21
the medallions, medals, and certificates as provided in 22
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sections 42.312 to 42.313. Applications for the Operation 23
Enduring Freedom, Operation Freedom's Sentinel, and 24
Operation Allies Refuge Program medallion, medal, and 25
certificate shall be filed with the office of the adjutant 26
general at any time after August 28, 2026, on forms 27
prescribed and furnished by the office of the adjutant 28
general. The adjutant general shall approve all 29
applications that are in order, and shall cause an Operation 30
Enduring Freedom, Operation Freedom's Sentinel, and 31
Operation Allies Refuge Program medallion, medal, and 32
certificate to be prepared for each approved veteran in the 33
form created by the Missouri veterans' commission under 34
section 42.312. The medallions, medals, and certificates 35
shall be awarded until the supply of medallions, medals, and 36
certificates is exhausted. The adjutant general shall 37
notify the general assembly when such supply totals less 38
than one hundred. 39
42.315. 1. There is hereby created within the state 1
adjutant general's office the "Operation Desert Shield and 2
Operation Desert Storm Medallion Program". Every veteran 3
who honorably served on active duty in the United States 4
military service at any time beginning August 7, 1990, and 5
ending June 7, 1991, shall be entitled to receive an 6
Operation Desert Shield and Operation Desert Storm 7
medallion, medal, and certificate of appreciation under this 8
section, provided that: 9
(1) Such veteran is a legal resident of this state or 10
was a legal resident of this state at the time he or she 11
entered or was discharged from military service or at the 12
time of his or her death or such veteran served in a unit of 13
the Missouri National Guard regardless of whether such 14
veteran is or ever was a legal resident of this state; and 15
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(2) Such veteran was honorably separated or discharged 16
from military service, is still in active service in an 17
honorable status, or was in active service in an honorable 18
status at the time of his or her death. 19
2. The Operation Desert Shield and Operation Desert 20
Storm medallion, medal, and certificate shall be awarded 21
regardless of whether such veteran served within the United 22
States or in a foreign country. The medallion, medal, and 23
the certificate shall be awarded regardless of whether such 24
veteran was under eighteen years of age at the time of 25
enlistment. 26
3. The following persons may apply for an Operation 27
Desert Shield and Operation Desert Storm medallion, medal, 28
and certificate under this section: 29
(1) Any veteran who is entitled to an Operation Desert 30
Shield and Operation Desert Storm medallion, medal, and 31
certificate under subsection 1 of this section; 32
(2) Any spouse or eldest living survivor of a deceased 33
veteran who would be entitled to an Operation Desert Shield 34
and Operation Desert Storm medallion, medal, and certificate 35
under subsection 1 of this section but who died prior to 36
having made application for such medallion, medal, and 37
certificate. 38
4. If any spouse or eldest living survivor applies for 39
the Operation Desert Shield and Operation Desert Storm 40
medallion, medal, and certificate under this section or if 41
any veteran dies after applying for an Operation Desert 42
Shield and Operation Desert Storm medallion, medal, and 43
certificate under this section and such veteran would have 44
been entitled to the Operation Desert Shield and Operation 45
Desert Storm medallion, medal, and certificate, the adjutant 46
general shall give the Operation Desert Shield and Operation 47
SCS SB 1003 20
Desert Storm medallion, medal, and certificate to the spouse 48
or eldest living survivor of the deceased veteran. 49
5. The Missouri veterans' commission shall design the 50
form of the Operation Desert Shield and Operation Desert 51
Storm medallion, medal, and certificate and forward the 52
approved designs to the adjutant general for distribution 53
pursuant to sections 42.315 to 42.316. It is the intent of 54
the general assembly to create statewide involvement in the 55
design of these symbols in recognition of this historic 56
endeavor. Therefore, in designing the forms, the Missouri 57
veterans' commission may solicit potential designs from 58
elementary and secondary schools, veterans' groups, civic 59
organizations, or any other interested parties, and may 60
select the best design from among such solicited designs, or 61
may select another design. 62
6. For purposes of this section, the term "veteran" 63
means any person defined as a veteran by the United States 64
Department of Veterans Affairs or its successor agency. 65
42.316. 1. Except as otherwise provided in sections 1
42.315 to 42.316, the adjutant general shall administer the 2
provisions of sections 42.315 to 42.316, and may adopt all 3
rules and regulations necessary to administer the provisions 4
of sections 42.315 to 42.316. Any rule or portion of a 5
rule, as that term is defined in section 536.010, that is 6
created under the authority delegated in sections 42.315 to 7
42.316 shall become effective only if it complies with and 8
is subject to all of the provisions of chapter 536 and, if 9
applicable, section 536.028. Sections 42.315 to 42.316 and 10
chapter 536 are nonseverable and if any of the powers vested 11
with the general assembly pursuant to chapter 536 to review, 12
to delay the effective date, or to disapprove and annul a 13
rule are subsequently held unconstitutional, then the grant 14
SCS SB 1003 21
of rulemaking authority and any rule proposed or adopted 15
after August 28, 2026, shall be invalid and void. 16
2. The adjutant general shall determine as 17
expeditiously as possible the persons who are entitled to an 18
Operation Desert Shield and Operation Desert Storm 19
medallion, medal, and certificate under sections 42.315 to 20
42.316 and distribute the medallions, medals, and 21
certificates as provided in sections 42.315 to 42.316. 22
Applications for the Operation Desert Shield and Operation 23
Desert Storm medallion, medal, and certificate shall be 24
filed with the office of the adjutant general at any time 25
after August 28, 2026, on forms prescribed and furnished by 26
the office of the adjutant general. The adjutant general 27
shall approve all applications that are in order, and shall 28
cause an Operation Desert Shield and Operation Desert Storm 29
medallion, medal, and certificate to be prepared for each 30
approved veteran in the form created by the Missouri 31
veterans' commission under section 42.315. The medallions, 32
medals, and certificates shall be awarded until the supply 33
of medallions, medals, and certificates is exhausted. The 34
adjutant general shall notify the general assembly when such 35
supply totals less than one hundred. 36
105.265. 1. All officers and employees of this state, 1
or of any department or agency thereof, all members of state 2
retirement systems, and all other public employees of this 3
state who are entitled to life insurance benefits as a state 4
employee or a member of a state retirement system, and who 5
are or become members of the United States Armed Forces or 6
the National Guard and who are called to military service 7
under competent orders from the appropriate military 8
authority in time of active armed warfare shall be entitled 9
to such life insurance benefits for the entire duration of 10
SCS SB 1003 22
such military deployment, including time periods in excess 11
of twelve months, subject to the terms and conditions of any 12
life insurance policy that may be in place to provide such 13
coverage. Such persons shall be required to pay the cost of 14
such coverage. 15
2. (1) The adjutant general shall be the official 16
sponsor of the state-sponsored life insurance program. The 17
adjutant general shall: 18
(a) Allow, facilitate, and coordinate all efforts to 19
make the state-sponsored life insurance program available to 20
all members of the Missouri National Guard; 21
(b) Provide an opportunity for members of the Missouri 22
National Guard to purchase products of the state-sponsored 23
life insurance program; 24
(c) Allow, facilitate, and coordinate requested 25
allotments with the appropriate United States Property and 26
Fiscal Office for purposes of the state-sponsored life 27
insurance program; 28
(d) Allow representatives of the state-sponsored life 29
insurance program to provide members of the Missouri 30
National Guard with briefings during annual training and 31
inactive duty training periods to educate members on the 32
state-sponsored life insurance program and its benefits; and 33
(e) Allow members of the Missouri National Guard to 34
designate or change beneficiaries under the state-sponsored 35
life insurance program. 36
(2) The Missouri National Guard Association shall 37
select the insurer used to provide the state-sponsored life 38
insurance program. 39
(3) As used in this subsection, the term "state- 40
sponsored life insurance program" means the life insurance 41
program exclusively offered to all members of the Missouri 42
SCS SB 1003 23
National Guard through the Missouri National Guard 43
Association pursuant to the federal Veterans' Insurance Act 44
of 1974, Pub. L. 93-289. 45
105.270. 1. All officers and employees of this state, 1
or of any department or agency thereof, or of any county, 2
municipality, school district, or other political 3
subdivision, and all other public employees of this state 4
who are or may become members of the National Guard or of 5
any reserve component of the Armed Forces of the United 6
States, shall be entitled to leave of absence from their 7
respective duties, without loss of time, pay, regular leave, 8
impairment of efficiency rating, or of any other rights or 9
benefits, to which otherwise entitled, for all periods of 10
military services during which they are engaged in the 11
performance of duty or training in the service of this state 12
at the call of the governor and as ordered by the adjutant 13
general without regard to length of time, and for all 14
periods of military services during which they are engaged 15
in the performance of duty in the service of the United 16
States under competent orders for a period not to exceed a 17
total of one hundred [twenty] sixty hours in any federal 18
fiscal year. 19
2. Before any payment of salary is made covering the 20
period of the leave the officer or the employee shall file 21
with the appointing authority or supervising agency an 22
official order from the appropriate military authority as 23
evidence of such duty for which military leave pay is 24
granted which order shall contain the certification of the 25
officer or employee's commanding officer of performance of 26
duty in accordance with the terms of such order. 27
3. No member of the organized militia shall be 28
discharged from employment by any of the aforementioned 29
SCS SB 1003 24
agencies because of being a member of the organized militia, 30
nor shall he be hindered or prevented from performing any 31
militia service he may be called upon to perform by proper 32
authority nor otherwise be discriminated against or 33
dissuaded from enlisting or continuing his service in the 34
militia by threat or injury to him in respect to his 35
employment. Any officer or agent of the aforementioned 36
agencies violating any of the provisions of this section is 37
guilty of a misdemeanor. 38
4. Notwithstanding the provisions of any other 39
administrative rule or law to the contrary, any person 40
entitled to military leave pursuant to the provisions of 41
subsection 1 of this section shall only be charged military 42
leave for any hours which that person would otherwise have 43
been required to work had it not been for such military 44
leave. The minimum charge for military leave shall be one 45
hour and additional charges for military leave shall be in 46
multiples of the minimum charge. 47
173.239. 1. Any member of the Missouri National Guard 1
who possesses the qualifications set forth in this section 2
may, while he or she is a member of the Missouri National 3
Guard, be awarded educational assistance in the form of: 4
(1) A tuition and fee waiver for undergraduate courses 5
at a postsecondary institution of higher education located 6
in this state that directly receives funds appropriated by 7
the general assembly. This tuition and fee waiver shall not 8
be implemented prior to the 2025-26 academic year. The 9
tuition and fee waiver shall be only for tuition and fees 10
that remain after the application of all payments from a 11
tuition assistance program of the National Guard, Army, or 12
Air Force; additional federal military tuition assistance; 13
[GI Bill educational entitlements;] awarded external 14
SCS SB 1003 25
scholarships; and federal financial grants, including the 15
Pell grant, that are available to the member in the current 16
semester. For purposes of this section, the term "fee" or 17
"fees" mean any mandatory fees charged by an institution to 18
all full-time students as a condition of enrollment; or 19
(2) A grant to an eligible institution of his or her 20
choice. For purposes of this subdivision, the term 21
"eligible institution" shall mean: 22
(a) An approved public institution or an approved 23
private institution, as those terms are defined in section 24
173.1102; or 25
(b) Any institution of postsecondary education that is 26
required by law to be, and currently is, certified to 27
operate by the coordinating board for higher education; that 28
is institutionally accredited by an accrediting commission 29
recognized by the United States Department of Education; 30
that has operated continuously in this state for five or 31
more years; that has no more than fifty percent of its 32
students in correspondence programs; and that offers a one- 33
year or two-year certificate, associate or baccalaureate 34
degree programs, or graduate or professional degree programs. 35
2. (1) Educational assistance provided under this 36
section shall not exceed the lesser of the following: 37
(a) The actual tuition, as defined in section 173.260, 38
charged at an approved institution where the member is 39
enrolled or accepted for enrollment; or 40
(b) The product of the number of credit hours taken 41
multiplied by the average tuition cost per credit hour 42
charged to a Missouri resident at the University of Missouri 43
for attendance, with such average cost determined by the 44
Missouri National Guard. 45
SCS SB 1003 26
(2) The grants provided under this section may be 46
prorated subject to appropriations in an amount no less than 47
fifty percent of the limits set forth in this subsection. 48
3. (1) For either type of educational assistance 49
described in this section, a member of the Missouri National 50
Guard may apply to the appropriate office of the Missouri 51
National Guard before each semester. The member shall: 52
(a) Provide a certificate of satisfactory service of 53
his or her Missouri National Guard duties from his or her 54
commanding officer; 55
(b) Possess all other necessary entrance requirements 56
of the school of his or her choice; 57
(c) Provide proof of maintaining a cumulative grade 58
point average (GPA) of at least two point five on a four- 59
point scale, or the equivalent on another scale approved by 60
the program administrator, while attending the approved 61
public or private institution; 62
(d) Have not yet earned a bachelor's degree; and 63
(e) Have completed and submitted a FAFSA for the 64
academic term for which educational assistance is requested. 65
(2) For the tuition and fee waiver, the waiver shall 66
be awarded if the member applies and is otherwise eligible 67
pursuant to this section, but the waiver shall be awarded 68
only after the Missouri National Guard has distributed any 69
moneys available for the member through the state tuition 70
assistance program. 71
4. If the grade point average of a member who is 72
receiving educational assistance pursuant to this section 73
falls below two point five on a four-point scale, or the 74
equivalent on another scale, such member shall retain the 75
educational assistance and shall be placed on probation 76
under the educational assistance program. Failure to 77
SCS SB 1003 27
achieve a current grade point average of at least two point 78
five on a four-point scale or the equivalent on another 79
scale for future semesters or equivalent academic terms 80
shall result in termination of the educational assistance 81
effective as of the next academic term. The member shall be 82
removed from probation status upon achieving a cumulative 83
grade point average of two point five on a four-point scale 84
or the equivalent on another scale. 85
5. For the tuition and fee waiver, an applicant shall 86
cease to be eligible if the total number of credit hours 87
completed by the applicant exceeds one hundred twenty. 88
Credit hours earned with the educational assistance 89
described in this section and credit hours earned without 90
the educational assistance described in this section shall 91
be counted to determine the total number of credit hours 92
completed by an applicant for purposes of this subsection. 93
6. The tuition and fee waiver shall not be available 94
in any fiscal year in which the percent of total program 95
costs covered by the state appropriation for the educational 96
assistance provided pursuant to this section has decreased 97
compared to the previous fiscal year. 98
7. If a recipient of either type of educational 99
assistance pursuant to this section ceases to maintain their 100
active military affiliation while enrolled in an academic 101
semester or term for any reason except death, disability, or 102
medical disqualification the educational assistance shall be 103
terminated and the recipient shall repay any amounts awarded 104
or waived for the academic semester or term. 105
8. The educational assistance program established 106
pursuant to this section shall be administered by the office 107
of the adjutant general of the Missouri National Guard. The 108
Missouri National Guard shall establish guidelines for 109
SCS SB 1003 28
equitable administrative distribution of educational 110
assistance. 111
[41.220. 1. There shall be a military 1
council consisting of the adjutant general as 2
president of the council, general officers, the 3
commanding officers of all brigades, wings, or 4
groups, and any other officer or officers the 5
adjutant general may deem desirable or 6
necessary, and an officer appointed by the 7
adjutant general from his office to act as 8
recorder without vote. The senior United States 9
Army and United States Air Force advisors on 10
duty with the organized state militia, the 11
comptroller of the state military forces and the 12
United States Property and Fiscal Officer shall 13
be ex officio members without vote. The 14
adjutant general shall appoint the members of 15
the military council on general orders 16
annually. These orders will be amended as 17
necessary. Members of the military council 18
shall receive actual and necessary expenses for 19
attending meetings thereof. 20
2. It shall be the duty of this council to 21
act in an advisory capacity to the commander in 22
chief on all matters placed before it by the 23
governor, the adjutant general or any member of 24
the council and to submit recommendations 25
thereon to the governor, which shall become 26
effective only upon his approval. The military 27
council shall determine and authorize the number 28
of regular and temporary employees necessary to 29
the administration and supply of the military 30
forces and fix the pay and allowances of the 31
employees within the limitations of 32
appropriations. It shall be the further duty of 33
the council to make recommendations on the needs 34
of the militia for legislative appropriations, 35
and no request for appropriations of public 36
money for the support of the militia, other than 37
a request by the governor or by a member of the 38
general assembly, shall be made without the 39
recommendation of the council being noted 40
thereon for the information of the governor and 41
SCS SB 1003 29
the legislature. All appropriations made for 42
military purposes shall be apportioned and 43
expended by the council. Vouchers and accounts 44
covering the expenditure of funds and 45
appropriations for the support of the militia 46
shall be approved and paid only when fully 47
itemized, certified and approved by the 48
president of the council. 49
3. The council shall meet quarterly at the 50
City of Jefferson at such time as the president 51
shall designate. Special meetings may be called 52
by the governor or the president of the council 53
at any time or place designated. A majority of 54
the members of the council on duty within the 55
state shall constitute a quorum for the 56
transaction of its business. The council shall 57
keep full and detailed records of its 58
proceedings. The president of the council in an 59
unusual emergency is authorized to poll the 60
members of the military council and require them 61
to cast their vote through whatever means of 62
communications are available to them and the 63
action taken in that manner shall have the same 64
force and effect as a quarterly or special 65
meeting when the poll will expedite 66
recommendations on and furnish advice in the 67
conduct of the affairs of the militia of this 68
state to a better state of preparedness.] 69
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