Section 41.035

Title V MILITARY AFFAIRS AND POLICE

Chapter 41

Effective - 08 Dec 2022, see footnote   

  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, and this chapter and other chapters.  The Missouri department of the National Guard shall administer the militia and programs of the state relating to military forces, except for the Missouri veterans commission which is assigned to the department of public safety as provided in chapters 42 and 650.

  2.  The office of adjutant general and the state militia are hereby transferred to the Missouri department of the National Guard by a type I transfer as defined in section 1 of the Omnibus State Reorganization Act of 1974.

  3.  Nothing herein shall be construed to interfere with the powers and duties of the governor provided in Article IV, Section 6 of the Constitution of Missouri or this chapter.

  4.  Rules necessary to administer and implement this section may be established by the department.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after December 8, 2022, shall be invalid and void.

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(L. 2021 S.B. 120)

Effective 12-08-22, see § 41.036