Missouri HB 566: Provides federal Servicemember Civil Relief Act

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 566
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SAULS.
0954H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
Torepealsection40.490,RSMo,andtoenactinlieuthereofonenewsectionrelatingtorights
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Section A. Section 40.490, RSMo, is repealed and one new section enacted in lieu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. Membersofthestatemilitaryforcesofthisstatewhoareorderedtoactive
2 stateduty by thegovernor, anyMissouri employee who isa member ofthe 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 bythegovernorandanyMissouriemployeeswhoaremembersoftheNationalGuardof
12 another state and are called to active state duty by the governorof 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.
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.

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
18 employment establishment:
19 "If you are in the National Guard, you have certain protected employment and
20 reemployment rights, rights to freedom from discrimination, and the right to civil relief
21 under federal laws 38 U.S.C. 4301 et seq. (USERRA) and 50 U.S.C. 3901 et seq. (SCRA)
22 and under section 40.490, RSMo. If you feel that you have been discriminated against
23 or denied these rights because of your service in the National Guard, contact the
24 Missouri committee of the Employer Support of the Guard and Reserve (ESGR) at 573-
25 638-9625.".
26 4. Any memberofthe MissouriNational Guard andanyMissouri employee who
27 is a member of the National Guard of another state may bring suit in any court of
28 competent jurisdiction and appropriate venue if such individual believes that his or her
29 rights under this section have been violated. The attorney general may also bring suit
30 against an employer who violates the provisions of this section.
✔
HB 566 2