CCS/SCS/HCS/HB 427 - This act enacts provisions related to veterans, the military, and their families. SILVER STAR FAMILIES OF AMERICA DAY
(Section 9.074)
May first of every year is designated as Silver Star Families of America Day.
This section is identical to HB 678 (2009).
ASSISTANT ADJUTANTS GENERAL
(Section 41.150)
This section allows the Adjutant General to assign the number of assistant adjutants general that are authorized by National Guard Bureau rules and regulations rather than limiting the number to two. Such assistant adjutants general, if qualified, shall hold military rank as may be authorized and approved for the positions by the National Guard Bureau of the United States.
This section is identical to SB 554 (2009) and SCS/HB 861 (2009)
MISSOURI VETERANS' COMMISSION
(Section 42.007)
Four members are added to the Missouri Veterans Commission, two members from the Senate and two members from the House of Representatives. The president pro tem and the minority floor leader of the senate each appoint one member of the commission and the speaker and the minority floor leader of the house of representatives each appoint one member of the commission. In appointing these members, preference shall be given to current or former members of the military and their spouses, parents, and children. Members appointed from the Senate and the House of Representatives shall be appointed for a two-year term or until a successor is appointed and may be reappointed to the commission.
The commission is authorized to make rules and regulations necessary for the management and administration of its veteran service programs and cemeteries.
VETERAN'S SURVIVOR GRANT
(Section 173.234)
This section modifies the eligibility for the veteran's survivor grant. Currently, the spouse or child of person is eligible for an educational grant if the military member served in armed combat in the military, was killed or became 80% disabled as a result of combat injuries, and was a Missouri resident when first entering the military and at the time of death or injury. Under this section, the spouse or natural, adopted, or stepchild of a qualified military member will be eligible for the educational grant if the military member served in the military after September 11, 2001, was killed or became 80% disabled as a result of combat injuries sustained in a combat action after September 11, 2001, was discharged for active duty service having served since September 11, 2001 and received a DD214 in a geographic area entitled to receive combat pay tax exclusion exemption, hazardous duty pay, or imminent danger pay, or hostile fire pay, and was a Missouri resident when first entering the military or at the time of death or injury.
IN-STATE TUITION FOR DEPENDENTS
(Section 173.1155)
This section allows a dependent of a member of the military who resides in Missouri and whose parent is assigned to a permanent duty station in Missouri to be eligible for in-state tuition at state institutions of higher education. The educational benefits of in-state tuition continue as long as the dependent is continuously enrolled in an undergraduate or graduate degree program, including transfers between Missouri institutions of higher education or transfers from an undergraduate program to a graduate program.
This section is identical to HB 666 (2009).
VETERAN'S CREMATED REMAINS
(Section 194.360)
This section provides funeral homes, funeral directors, embalmers, and their employees with immunity from liability in disposing of a veteran's cremated remains to a veterans' service organization. This immunity only applies if: 1)the remains have been in the possession of the funeral establishment for at least a year; 2)the establishment gives written notice to the person or other funeral establishment who contracted for the cremation, or publishes notice in a newspaper if the address of the person or other funeral establishment that contracted for the cremation is unknown; and 3) the person or other funeral establishment who contracted for the cremation does not claim the remains within thirty days of the mailing of the written notice or within four months of the date of the first publication of notice.
Veterans' service organizations who receive cremated remains of a veteran are not liable for simple negligence if they do not have reason to know that the remains do not satisfy the notice requirements of this section and if they inter the remains and do not scatter the remains. The veterans' service organization shall take all reasonable steps to inter the remains in a veterans' cemetery.
This section is identical to SCS/HCS/HB 111 (2009).
INTERSTATE INTERCHANGE DESIGNATION PROGRAM
(Section 227.297)
This section establishes an interstate interchange designation program, to be known as the "Heroes Way Interstate Interchange Designation Program", to honor the fallen Missouri heroes who have been killed in action while performing active military duty with the armed forces in Afghanistan or Iraq on or after September 11, 2001.
Any person who is related by marriage, adoption, or consanguinity within the second degree to a member of the United States armed forces who was killed in action while performing active military duty with the armed forces in Afghanistan or Iraq on or after September 11, 2001, and who was a resident of this state at the time he or she was killed in action, may apply for an interstate interchange designation.
The family member may petition the Department of Transportation for an interstate interchange designation by submitting the following:
(1) An application in a form prescribed by the director, describing the interstate interchange for which the designation is sought and the proposed name of the interstate interchange. The application shall include the name of at least one current member of the General Assembly who will sponsor the interstate interchange designation.
(2) Proof that the family member killed in action was a member of the United States armed forces and proof that such family member was in fact killed in action while performing active military duty with the United States armed forces in Afghanistan or Iraq on or after September 11, 2001. Acceptable proof shall be a statement from the Missouri veterans commission or the United States Department of Veterans Affairs so certifying such facts;
(3) A fee to be determined by the commission to cover the costs of constructing and maintaining the proposed interstate interchange signs. The fee shall not exceed the cost of constructing and maintaining each sign.
The Department of Transportation shall submit for approval or disapproval all applications for interstate interchange designations to the Joint Committee on Transportation Oversight. If satisfied with the application and all its contents, the joint committee shall approve the application. The committee shall notify the Department of Transportation upon the approval or denial of an application for an interstate interchange designation. If the memorial interstate interchange designation request is not approved by the Joint Committee on Transportation Oversight, ninety-seven percent of the application fee shall be refunded to the applicant.
This section requires two signs to be erected for each interstate interchange designation processed under the act.
No interstate interchange may be named or designated after more than one member of the United States armed forces killed in action. Such person shall only be eligible for one interstate interchange designation under the provisions of this section.
Any highway signs erected for any interstate interchange designation under the provisions of this section shall be erected and maintained for a twenty-year period. After such period, the signs shall be subject to removal by the Department of Transportation and the interstate interchange may be designated to honor persons other than the current designee. An existing interstate interchange designation processed under the provisions of this section may be retained for additional twenty-year increments if, at least one year before the designation's expiration, an application to the Department of Transportation is made to retain the designation along with the required documents and all applicable fees required under this section.
This section is identical to SB 110 (2009) and similar to CCS/SCS/HB 91 (2009) and CCS/SS/SCS/HB 683 (2009).
VETERANS MEMORIAL HIGHWAY
(Section 227.311)
This section designates a portion of the Poplar Bluff bypass in Butler County as the "Veterans Memorial Highway." The cost for such designation will be paid for by private donations.
This section is identical to HB 1048 (2009).
PURPLE HEART LICENSE PLATES
(Section 301.451)
This section allows any person who has been awarded the purple heart medal to receive an initial set of "Purple Heart" license plates with no fee other than the regular registration fees. There shall be an additional fee charged for each subsequent set of purple heart license plates equal to the fee for personalized license plates, but this additional fee shall only have to be paid once, at the time of initial application for the additional set of plates.
This section is similar to HB 270 (2009).
ARMED FORCES EXPEDITIONARY MEDAL LICENSE PLATE
(Section 301.3157)
The act also allows persons who have been awarded the Armed Forces Expeditionary Medal to receive a special license plate inscribed with the words "expeditionary service" and bearing a reproduction of the Armed Forces Expeditionary Medal.
This provision was contained in SCS/SB 134 (2009) and SB 856 (2008).
PARKING FOR CERTAIN VETERANS
(Section 304.840)
This section allows veterans displaying Congressional Medal of Honor, Prisoner of War, Purple Heart, or Silver Star special licenses plates, or Bronze Star placards, to park for free in metered parking spaces upon the approval of each local authority's governing body.
This section is identical to HB 400 (2009).
COURT ORDERS
(Section 452.412)
This section requires all court orders regarding child custody or visitation or regarding ex parte orders of protection issued or modified while either party is in active military service and deployed out-of-state to be temporary in nature. Such orders regarding custody or visitation which are issued as part of an entry of decree of dissolution shall also be temporary in nature. Upon return from deployment, the party will be given an opportunity to be heard on the child custody and visitation order before a permanent order is entered. If the party in active military service knowingly and voluntarily signs a written waiver to the right to have such a hearing upon the party's return from out-of-state military deployment, the court may issue a permanent order on the issues under this section.
This section is identical to SB 440 (2009) and similar to HB 504 (2009).
EMILY KALMER