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SECOND REGULAR SESSION
SENATE BILL NO. 1555
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BECK.
6662S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 41.1030, to read as 2
follows:3
41.1030. 1. As used in this section, the following 1
terms mean: 2
(1) "Department", the Missouri department of the 3
National Guard; 4
(2) "Living donation period", the period in which a 5
member who chooses to become a living organ donor completes 6
all phases of the living donor process deemed medically 7
necessary for a successful living donation including, but 8
not limited to, the testing, surgical, and recovery phases; 9
(3) "Member", a member of the Missouri National Guard; 10
(4) "Program", the Missouri guaranteed inclusive 11
voluntary exceptional service (MO GIVES) program established 12
in subsection 2 of this section. 13
2. Subject to appropriation, the department shall 14
establish a program for members who choose to become living 15
organ donors to receive living donor medical orders for 16
purposes of remaining on paid status during the living 17
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donation period, to be known as the "Missouri Guaranteed 18
Inclusive Voluntary Exceptional Service (MO GIVES) Program". 19
3. Any member seeking to become a living organ donor 20
may apply to participate in the program. The department 21
shall approve a member's participation in the program if 22
sufficient funds are available and the member: 23
(1) Is in either Troop Program Unit (TPU) status or 24
Individual Ready Reserve (IRR) status; 25
(2) Is in good standing with the department; 26
(3) Either: 27
(a) Is not eligible fo r living donor paid leave from 28
the member's employer, whether due to the lack of such 29
employer benefit or the failure to satisfy the eligibility 30
requirements; or 31
(b) Elects not to use any such employer -based benefit 32
available to the member; 33
(4) Specifies the type of donation to be made, whether 34
directed to a specific individual, nondirected, or paired; 35
and 36
(5) Agrees to undergo the procurement operation at a 37
health care facility approved as a provider of continuing 38
education points for transplant certification by the 39
American Board for Transplant Certification. 40
4. Upon approval of a member's application, the 41
department shall issue a living donor medical order for the 42
member. The order shall: 43
(1) Guarantee paid leave for the member for the living 44
donation period. The period of paid leave guaranteed under 45
the order shall not exceed forty-five days unless an 46
extension of time is deemed medically necessary by the 47
primary surgical and medical recovery team; 48
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(2) Exempt the member from any requirement to use 49
accrued annual or medical leave for the paid living donation 50
period guaranteed under the order; and 51
(3) Provide a per diem allowance and a basic allowance 52
for housing during the paid living donation period 53
guaranteed under the order based on the member's rank, 54
region as determined by the zip code of the member's home of 55
record, and dependent status. 56
5. Any organ donated through participation in the 57
program may be transported outside this state to the 58
ultimate recipient. 59
6. Benefits under the program shall be provided 60
through the fund established in subsection 7 of this section. 61
7. (1) There is hereby created in the state treasury 62
the "MO GIVES Fund", which shall consist of moneys 63
appropriated to it by the general assembly and any gifts, 64
contributions, grants, or bequests received from federal, 65
private, or other sources. The state treasurer shall be 66
custodian of the fund. In accordance with sections 30.170 67
and 30.180, the state treasurer may approve disbursements. 68
The fund shall be a dedicated fund and, upon appropriation, 69
moneys in this fund shall be used solely to provide benefits 70
under the program established in this section. 71
(2) Notwithstanding the provisions of section 33.080 72
to the contrary, any moneys remaining in the fund at the end 73
of the biennium shall not revert to the credit of the 74
general revenue fund. 75
(3) The state treasurer shall invest moneys in the 76
fund in the same manner as other funds are invested. Any 77
interest and moneys earned on such investments shall be 78
credited to the fund. 79
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8. The department may promulgate all necessary rules 80
and regulations for the administration of this section. Any 81
rule or portion of a rule, as that term is defined in 82
section 536.010, that is created under the authority 83
delegated in this section shall become effective only if it 84
complies with and is subject to all of the provisions of 85
chapter 536 and, if applicable, section 536.028. This 86
section and chapter 536 are nonseverable and if any of the 87
powers vested with the general assembly pursuant to chapter 88
536 to review, to delay the effective date, or to disapprove 89
and annul a rule are subsequently held unconstitutional, 90
then the grant of rulemaking authority and any rule proposed 91
or adopted after August 28, 2026, shall be invalid and void. 92
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