HOUSE BILL NO. 1993 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE IRWIN.
5472H.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 service members.
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Section A. Section 40.490, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 40.490, to read as follows: 40.490. 1.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 or adjutant general, any Missouri employee who is a member of 3 the National Guard of another state and who is called into active state duty by the governor or 4 adjutant general of that state, or any member of any reserve component of the Armed Forces 5 of the United States who is called to active duty shall, upon being relieved from such duty, be 6 entitled to the same reemployment rights provided by Title 38 of the United States Code, the 7 Revised Statutes of Missouri, and all amendments thereto. The attorney general shall enforce 8 the reemployment rights contained in this section for members of the state military forces 9 who are ordered to active state duty by the governor or adjutant general. 10 2. Members of the Missouri National Guard who are called to active state duty 11 by the governor or adjutant general for a period of more than thirty consecutive days 12 and any Missouri employees who are members of the National Guard of another state 13 and are called to active state duty by the governor or adjutant general of that state for a 14 period of more than thirty consecutive days shall, upon being relieved from such duty, 15 be entitled to all rights and protections provided by the Servicemembers Civil Relief 16 Act, 50 U.S.C. Section 3901 et seq., and all amendments thereto.
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 1993 2
17 3. Any member of the Missouri National Guard and any Missouri employee who 18 is a member of the National Guard of another state may bring suit in any court of 19 competent jurisdiction and appropriate venue if such individual believes that his or her 20 rights under this section have been violated. The attorney general may also bring suit 21 against an employer who violates the provisions of this section. ✔
Statutes affected: