HOUSE BILL NO. 1447 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE IRWIN.
3089H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 40.490, RSMo, and to enact in lieu thereof one new section relating to rights of military servicemembers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 40.490, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 40.490, to read as follows: 40.490. 1. Members of the state military forces of this state who are ordered to active 2 state duty by the governor, any Missouri employee who is a member of the National Guard of 3 another state and who is called into active state duty by the governor of that state, or any 4 member of any reserve component of the Armed Forces of the United States who is called to 5 active duty shall, upon being relieved from such duty, be entitled to the same reemployment 6 rights provided by Title 38 of the United States Code, the Revised Statutes of Missouri, and 7 all amendments thereto. The attorney general shall enforce the reemployment rights 8 contained in this section for members of the state military forces who are ordered to active 9 state duty by the governor. 10 2. Members of the Missouri National Guard who are called to active state duty 11 by the governor and any Missouri employees who are members of the National Guard of 12 another state and are called to active state duty by the governor of that state shall, upon 13 being relieved from such duty, be entitled to all rights and protections provided by the 14 Servicemembers Civil Relief Act, 50 U.S.C. Section 3901 et seq., and all amendments 15 thereto. 16 3. The department of labor and industrial relations shall make available the 17 following notice that every employer shall post in a conspicuous place in each
EXPLANATION — 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. HB 1447 2
18 employment establishment: "If you are in the National Guard, you have certain 19 protected employment and reemployment rights, rights to freedom from discrimination, 20 and the right to civil relief under federal laws 38 U.S.C. 4301 et seq. (USERRA) and 50 21 U.S.C. 3901 et seq. (SCRA) and under section 40.490, RSMo. If you feel that you have 22 been discriminated against or denied these rights because of your service in the National 23 Guard, contact the Missouri committee of the Employer Support of the Guard and 24 Reserve (ESGR) at 573-638-9625.". 25 4. Any member of the Missouri National Guard and any Missouri employee who 26 is a member of the National Guard of another state may bring suit in any court of 27 competent jurisdiction and appropriate venue if such individual believes that his or her 28 rights under this section have been violated. The attorney general may also bring suit 29 against an employer who violates the provisions of this section. ✔
Statutes affected: