Title V — MILITARY AFFAIRS AND POLICE

41.010. Title of law — purpose. — It is the intent of this chapter, which shall hereafter be known as the "Missouri Military Code", to provide for the state militia and for the organization, equipment, regulations and functions thereof to conform as nearly as practicable to the l…

41.020. Federal law applicable, when. — All acts of the Congress of the United States providing for the administration, control, equipment, government and organization of the Armed Forces of the United States, together with the rules and regulations promulgated thereunder, now in…

41.025. POW and MIA designations recognized. — The state of Missouri hereby recognizes the designations of Prisoner of War (POW) and Missing in Action (MIA) as valid descriptions of casualty status and category classification for military personnel. ­­-------- (L. 2010 H.B. 1524 …

41.030. Definitions. — 1. The word "militia" as used in this code means all the active and potential military forces of the state, whether organized or unorganized. 2. Whenever reference is made in the articles of Uniform Code of Military Justice to the "military service" or to t…

41.033. Antiterrorism fund created, purpose — reversion to general revenue prohibited — governor to direct expenditures — antiterrorism activities defined. — 1. The "Antiterrorism Fund" is hereby established within the state treasury. The state treasurer shall be custodian of the…

41.035. Missouri department of the National Guard established. — 1. There is hereby created and established as a department of state government the "Missouri Department of the National Guard" headed by the adjutant general as provided in Article IV of the Constitution of Missouri…

41.036. Contingent effective date. — The enactment of section 41.035 and the repeal and reenactment of section 650.005 of this act* shall become effective only upon approval by the voters of an amendment to article IV of the Constitution of Missouri that establishes the Missouri …

41.040. Military division of executive department — what constitutes. — The militia of the state of Missouri, which includes the adjutant general and his office, constitutes the military division of the executive department of the state government, under the direct control of the…

41.050. State militia, members. — The militia of the state shall include all able-bodied citizens and all other able-bodied residents, who, in the case of the unorganized militia and the Missouri state defense force, shall be more than seventeen years of age and not more than six…

41.060. Militia service, persons exempt. — The following persons shall be exempt from militia service: (1) Persons exempt from militia service by the laws of the United States; (2) Regular or duly ordained ministers of religion, or duly elected church officials regularly conducti…

41.070. Organized and unorganized militia. — 1. The militia of the state is divided into two classes, the organized militia and the unorganized militia. 2. The organized militia shall consist of the following: (1) Such elements of the land and air forces of the National Guard of …

41.080. Military forces, how organized — oath. — 1. The National Guard, the Air National Guard and the naval militia will be organized in accordance with the allocations therefor accepted from the federal government. 2. The National Guard, the Air National Guard and the naval mil…

41.090. Rules and regulations. — The governor shall make and publish such regulations governing the organization, discipline and training of the militia of the state as may be necessary to the efficiency thereof, and such regulations shall have the authority of law, provided that…

41.100. Governor may reorganize, when. — Whenever in his judgment the efficiency of the militia will be increased thereby, or in the case of the National Guard, Air National Guard and naval militia to make same conform to any tables of organization or a system of training prescri…

41.1000. Civil air patrol, members who are state employees, leave to be granted — members generally, not subject to discharge from employment due to membership. — 1. Except as otherwise provided in this subsection, any employee of the state of Missouri who is or may become a memb…

41.1005. State employee leave for Coast Guard duty, when limitations — salary, leave benefit — attorney general to enforce. — 1. Except as otherwise provided in this subsection, any employee of the state of Missouri who is or may become a member of the United States Coast Guard A…

41.1010. Missouri military preparedness and enhancement commission established, purpose, members, duties. — 1. There is hereby established the "Missouri Military Preparedness and Enhancement Commission". The commission shall have as its purpose the design and implementation of me…

41.1012. Office of military advocate established, purpose — advocate appointment — department to provide administrative support. — 1. There is hereby established in the Missouri department of economic development the "Office of Military Advocate", for the purpose of advocating fo…

41.110. State defense force — organization, discipline, government. — The organization, discipline and government of the Missouri state defense force and the rights and benefits of the members thereof shall be the same as prescribed by this act for the organized Missouri state de…

41.120. Governor, commander in chief of militia. — The governor of the state, by virtue of his office, is the commander in chief of the militia of the state, except such portion thereof as may at times be in the service of the United States. ­­-------- (RSMo 1939 § 15015, A.L. 19…

41.130. Honorary staff members, governor may appoint. — The governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of military colonel or naval captain as he may desire. ­­-------- (RSMo 1939 § 15015, A.L. 1951 p. 654 § 10) Prior …

41.140. Adjutant general — appointment — compensation — bond. — 1. There shall be an adjutant general of the state appointed by the governor by and with the advice and consent of the senate who, at the time of his appointment, has not less than ten years of previous military serv…

[Repealed or reserved.]

41.160. Adjutant general — duties. — 1. The adjutant general shall be the military secretary and chief of staff to the commander in chief and the administrative head of the military establishment of the state. 2. The adjutant general shall, under direction of the governor, be cha…

41.170. Adjutant general — records — duties. — The adjutant general shall compile and maintain from the original muster rolls in his office and such additional sources as he can command, a complete alphabetical list of those persons who served in the wars of the United States, wh…

41.180. Commissioner of war service records — appointment — compensation. — The adjutant general shall appoint a commissioner of war service records and such additional clerical and stenographic help as may be necessary to the compilation and maintenance of the records and issuan…

41.190. Clerical personnel — appointment — compensation. — The adjutant general may assign such additional officers, and employ such clerical, janitorial, messenger, stenographic and technical assistance as may be necessary to the proper conduct of his office. Such officers and e…

41.200. Exhibits of equipment and property. — The adjutant general may exhibit, at such times and places as he may see fit, the equipment and property of the organized militia and may give demonstrations thereof with the aid of personnel selected therefor. ­­-------- (L. 1951 p. …

41.201. Use of state-owned vehicles, Missouri National Guard members considered state employees — exception. — Service members of the Missouri National Guard shall be considered state employees for the purposes of operating state-owned vehicles for official state business, unless…

41.206. Missouri Youth Challenge Academy authorized, purpose — rulemaking authority. — 1. The adjutant general may establish the "Missouri Youth Challenge Academy" in order to provide positive interventions in the lives of at-risk high school-age youth. The academy will utilize r…

41.207. Missouri Youth Challenge Foundation Fund created, use of moneys. — The "Missouri Youth Challenge Foundation Fund" is hereby created in the state treasury and shall consist of all gifts, donations, appropriations, transfers, and bequests to the fund. The adjutant general s…

41.210. Adjutant general's revolving fund — disbursements — exemption from transfer to general revenue. — 1. There is hereby created in the state treasury the "Adjutant General's Revolving Fund", which shall be administered by the adjutant general. All funds received by the adjut…

41.212. National Guard training site fund established — purpose — unexpended balance exempt from transfer to general revenue. — 1. There is hereby created in the state treasury the "Missouri National Guard Training Site Fund", which shall be administered by the adjutant general. …

41.214. Missouri National Guard trust fund, established, disbursements. — 1. There is established in the state treasury a special trust fund, to be known as the "Missouri National Guard Trust Fund". The state treasurer shall credit to and deposit in the Missouri National Guard tr…

41.216. Grants and financial assistance from the Missouri military family relief fund, who may authorize — rulemaking authority. — 1. Subject to appropriation and upon the recommendation of a panel consisting of a sergeant major of the Missouri National Guard, a sergeant major of…

41.218. Missouri military family relief fund created, use of moneys. — The "Missouri Military Family Relief Fund" is hereby created in the state treasury and shall consist of all gifts, donations, appropriations, transfers, and bequests to the fund. The adjutant general shall hav…

41.220. Military council — duties — meetings. — 1. There shall be a military council consisting of the adjutant general as president of the council, general officers, the commanding officers of all brigades, wings, or groups, and any other officer or officers the adjutant general…

41.230. Federal property disbursing officer — duties — compensation. — 1. There shall be a United States property and disbursing officer to be appointed or assigned as may be provided in federal regulations for the government of the National Guard and Air National Guard of the Un…

41.240. Officers — appointment — oath. — 1. All officers shall be appointed upon recommendations submitted through military channels and shall be commissioned by the governor. All appointments of officers shall be made and all vacancies shall be filled in the manner provided by t…

41.250. Warrant and flight officers — appointment. — Warrant and flight officers in the organized militia shall be appointed by the governor. The classes of persons from which warrant and flight officers may be appointed shall conform to the qualifications and requirements of the…

41.260. State defense force — selection of officers. — Officers of the Missouri state defense force shall be appointed in the manner prescribed by this chapter for the appointment of officers in the organized militia. Officers may hold commissions in both the National Guard and t…

41.270. Officers' bonds. — All officers of the organized militia shall give bonds and security as may be required and within the time prescribed by the adjutant general to secure the state against loss on account of misuse or misapplication of state or company property or funds, …

41.280. Officer's accountability for property — suit for recovery, how brought. — 1. An officer receiving public property for military purposes shall be accountable for the article so received by him until the same is disposed of by law or the orders of the governor, and until hi…

41.290. Assignment or transfer of officers. — Officers, warrant officers and flight officers of the organized militia may be assigned or transferred to or from organizations, departments or arms and services under the procedure provided in regulations governing the Armed Forces o…

41.300. Officers — resignation — acceptance refused, when. — An officer who desires to resign shall submit his resignation to the governor, whose action thereon shall be final. The governor may refuse to accept the resignation when the officer is under investigation, under charge…

41.310. Officers — retirement. — 1. Officers, warrant and flight officers and enlisted persons shall be retired from active service and placed on the retired list upon attaining the retirement age of their grade, as fixed in regulations governing the Armed Forces of the United St…

41.320. Officers — separation from service — reasons. — In addition to retirement as provided in section 41.310, an officer may be separated from the service by reason of death, resignation, discharge for inefficiency, discharge for physical disqualification, absence without leav…

41.330. Officer dismissed from service, how. — An officer may be dismissed from the service only by a sentence of a general court-martial, which sentence is approved by the governor. ­­-------- (L. 1951 p. 654 § 57)

41.340. Officer's commission — vacated, how. — The commission of an officer shall be vacated only by death, by acceptance by proper authority of resignation by discharge on account of inefficiency, for physical disqualification, when dropped from the rolls for an absence without …

41.350. Absence without leave — penalty. — An officer absent without leave for a period of thirty days may, with approval of the governor, have his commission terminated. ­­-------- (L. 1951 p. 654 § 56)