Section 41.470

Title V MILITARY AFFAIRS AND POLICE

Chapter 41

Effective - 12 Jun 1991, 2 histories, see footnote   

  41.470.  Order to training or special duty — pay and allowances — adjutant general, orders effective — pay, eligibility. — 1.  Members of the organized militia, or any portion or individual thereof, may be ordered to active duty to perform military training or special duty, or to participate in small arms gunnery competitions in this state or in any other state or territory or the District of Columbia, or in any fort, camp, air base, installation or reservation of the United States.  Cruise duty ordered for the naval militia may be required to be performed on United States vessels.

  2.  Notwithstanding any provisions of this chapter to the contrary, an officer, warrant officer, flight officer, or enlisted person of the organized militia may be ordered to perform any of the types of military duty prescribed in this chapter or chapter 40 pursuant to orders issued by competent military, either without his consent, but with the pay and allowances provided by law, or with his consent, with or without pay and allowances, provided that, necessary traveling expenses, subsistence and per diem allowances may be furnished to such members in accordance with instructions prescribed by the adjutant general and approved by the commissioner of administration.

  3.  With the approval of the governor, the adjutant general shall administer the provisions of this section and effect orders to active duty.  Orders shall be effective as orders of the governor to active duty for purposes of section 40.490.

  4.  Members of the organized militia shall not receive from the state the pay and allowances otherwise provided by law for active duty under this section when eligible for pay and allowances from federal funds, nor are they entitled to paid leaves of absence while on duty under this section for purposes of section 105.270.

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(L. 1951 p. 654 § 11, A.L. 1991 S.B. 358)

Effective 6-12-91