Section 41.1017

Title V MILITARY AFFAIRS AND POLICE

Chapter 41

Effective - 28 Aug 2026, see footnote   

  41.1017.  Cybersecurity and cyber attacks, agreements to render aid — expenses — fund created, use of moneys. — 1.  Upon the request of the director of the department of public safety or his or her designee, the Missouri National Guard may enter into agreements with a party or parties, pertaining to rendering aid related to cybersecurity, cyber-attack prevention, cyber-attack response, and cyber-attack support activities for this state or for a political subdivision, governing body, public college and university, law enforcement agency, utility company, and critical infrastructure facility of this state, but under no circumstances shall the Missouri National Guard violate the civil liberties or constitutional rights of any United States citizen or access, modify, scan, control, or view content contained within any civilian-owned system, device, telephone, computer, communications, or network without the consent of the owner explicitly and conspicuously given to the Missouri National Guard.

  2.  The adjutant general may activate members of the Missouri National Guard, on state orders, to carry out the rendering of aid covered under subsection 1 of this section.

  3.  The adjutant general may charge and may receive reimbursement for expenses incurred by the Missouri National Guard, related to rendering aid pursuant to subsection 1 of this section.  The adjutant general shall determine when activating members of the Missouri National Guard, on state orders, whether expenses related to rendering aid pursuant to subsection 1 of this section shall be collected through reimbursement or charge prior to the time the services are rendered.  If expenses are collected by charge prior to the time the services are rendered and the amount of such expense cannot be readily determined, then the adjutant general shall receive, from the requesting party, a deposit based upon the likely amount of such expense, and the balance of such expense shall be payable immediately upon ascertainment of the proper amount of said expense.

  4.  There is hereby created in the state treasury the "Missouri National Guard Cybersecurity Revolving Fund", which shall consist of:

  (1)  Moneys appropriated by the general assembly;

  (2)  Moneys received as a charge for expenses incurred by the Missouri National Guard, related to rendering aid pursuant to subsection 1 of this section; and

  (3)  Moneys received as reimbursement for expenses incurred by the Missouri National Guard, related to rendering aid pursuant to subsection 1 of this section.

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The Missouri National Guard cybersecurity revolving fund shall be administered by the adjutant general.  The state treasurer shall be custodian of the Missouri National Guard cybersecurity revolving fund.  In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.  The Missouri National Guard cybersecurity revolving fund shall be a dedicated fund and moneys in the fund shall be used solely by the adjutant general for the purpose of rendering aid pursuant to subsection 1 of this section.  Notwithstanding the provisions of section 33.080 to the contrary, moneys remaining in the Missouri National Guard cybersecurity revolving fund at the end of any biennium shall not revert to the credit of the general revenue fund.  The state treasurer shall invest moneys in the Missouri National Guard cybersecurity revolving fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the Missouri National Guard cybersecurity revolving fund.

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(L. 2026 H.B. 2593)