State Codes and Statutes

Statutes > Missouri > T05 > C041 > 41_950

Members of military forces called to active duty--relieved fromcertain provisions of law.

41.950. 1. Any resident of this state who is a member of thenational guard or of any reserve component of the armed forces of theUnited States or who is a member of the United States Army, the UnitedStates Navy, the United States Air Force, the United States Marine Corps,the United States Coast Guard or an officer of the United States PublicHealth Service detailed by proper authority for duty with any branch of theUnited States armed forces described in this section and who is engaged inthe performance of active duty in the military service of the United Statesin a military conflict in which reserve components have been called toactive duty under the authority of 10 U.S.C. 672(d) or 10 U.S.C. 673b orany such subsequent call or order by the President or Congress for anyperiod of thirty days or more shall be relieved from certain provisions ofstate law, as follows:

(1) No person performing such military service who owns a motorvehicle shall be required to maintain financial responsibility on suchmotor vehicle as required under section 303.025, RSMo, until such time asthat person completes such military service, unless any person shall beoperating such motor vehicle while the vehicle owner is performing suchmilitary service;

(2) No person failing to renew his driver's license while performingsuch military service shall be required to take a complete examination asrequired under section 302.173, RSMo, when renewing his license withinsixty days after completing such military service;

(3) Any motor vehicle registration required under chapter 301, RSMo,that expires for any person performing such military service may be renewedby such person within sixty days of completing such military servicewithout being required to pay a delinquent registration fee; however, suchmotor vehicle shall not be operated while the person is performing suchmilitary service unless the motor vehicle registration is renewed;

(4) Any person enrolled by the supreme court of Missouri or licensed,registered or certified under chapter 168, 256, 317, 324, 325, 326, 327,328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,343, 344, 345, 346, 375, 640 or 644, RSMo, and interpreters licensed undersections 209.319 to 209.339, RSMo, whose license, registration orcertification expires while performing such military service, may renewsuch license, registration or certification within sixty days of completingsuch military service without penalty;

(5) In the case of corporate registration reports, franchise taxreports or other reports required to be filed with the office of secretaryof state, where the filing of such report would be delayed because of aperson performing such military service, such reports shall be filedwithout penalty within one hundred twenty days of the completion of suchmilitary service;

(6) No person performing such military service who is subject to acriminal summons for a traffic violation shall be subject to nonappearancesanctions for such violation until after one hundred eighty days after thecompletion of such military service;

(7) No person performing such military service who is required understate law to file financial disclosure reports shall be required to filesuch reports while performing such military service; however, such reportscovering that period of time that such military service is performed shallbe filed within one hundred eighty days after the completion of suchmilitary service;

(8) Any person with an indebtedness, liability or obligation forstate income tax or property tax on personal or real property who isperforming such military service or a spouse of such person filing acombined return or owning property jointly shall be granted an extension tofile any papers or to pay any obligation until one hundred eighty daysafter the completion of such military service or continuous hospitalizationas a result of such military service notwithstanding the provisions ofsection 143.991, RSMo, to the contrary and shall be allowed to pay such taxwithout penalty or interest if paid within the one hundred eighty-dayperiod;

(9) Notwithstanding other provisions of the law to the contrary, forthe purposes of this section, interest shall be allowed and paid on anyoverpayment of tax imposed by sections 143.011 to 143.998, RSMo, at therate of six percent per annum from the original due date of the return orthe date the tax was paid, whichever is later;

(10) No state agency, board, commission or administrative tribunalshall take any administrative action against any person performing suchmilitary service for that person's failure to take any required action ormeet any required obligation not already provided for in subdivisions (1)to (8) of this subsection until one hundred eighty days after thecompletion of such military service, except that any agency, board,commission or administrative tribunal affected by this subdivision may, inits discretion, extend the time required to take such action or meet suchobligation beyond the one hundred eighty-day period;

(11) Any disciplinary or administrative action or proceeding beforeany state agency, board, commission or administrative tribunal where theperson performing such military service is a necessary party, which occursduring such period of military service, shall be stayed by theadministrative entity before which it is pending until sixty days after theend of such military service.

2. Upon completing such military service, the person shall providethe appropriate agency, board, commission or administrative tribunal anofficial order from the appropriate military authority as evidence of suchmilitary service.

3. The provisions of this section shall apply to any individualdescribed in subsection 1 of this section who performs such militaryservice on or after August 2, 1990.

(L. 1991 S.B. 358 § 5, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 H.B. 481)

State Codes and Statutes

Statutes > Missouri > T05 > C041 > 41_950

Members of military forces called to active duty--relieved fromcertain provisions of law.

41.950. 1. Any resident of this state who is a member of thenational guard or of any reserve component of the armed forces of theUnited States or who is a member of the United States Army, the UnitedStates Navy, the United States Air Force, the United States Marine Corps,the United States Coast Guard or an officer of the United States PublicHealth Service detailed by proper authority for duty with any branch of theUnited States armed forces described in this section and who is engaged inthe performance of active duty in the military service of the United Statesin a military conflict in which reserve components have been called toactive duty under the authority of 10 U.S.C. 672(d) or 10 U.S.C. 673b orany such subsequent call or order by the President or Congress for anyperiod of thirty days or more shall be relieved from certain provisions ofstate law, as follows:

(1) No person performing such military service who owns a motorvehicle shall be required to maintain financial responsibility on suchmotor vehicle as required under section 303.025, RSMo, until such time asthat person completes such military service, unless any person shall beoperating such motor vehicle while the vehicle owner is performing suchmilitary service;

(2) No person failing to renew his driver's license while performingsuch military service shall be required to take a complete examination asrequired under section 302.173, RSMo, when renewing his license withinsixty days after completing such military service;

(3) Any motor vehicle registration required under chapter 301, RSMo,that expires for any person performing such military service may be renewedby such person within sixty days of completing such military servicewithout being required to pay a delinquent registration fee; however, suchmotor vehicle shall not be operated while the person is performing suchmilitary service unless the motor vehicle registration is renewed;

(4) Any person enrolled by the supreme court of Missouri or licensed,registered or certified under chapter 168, 256, 317, 324, 325, 326, 327,328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,343, 344, 345, 346, 375, 640 or 644, RSMo, and interpreters licensed undersections 209.319 to 209.339, RSMo, whose license, registration orcertification expires while performing such military service, may renewsuch license, registration or certification within sixty days of completingsuch military service without penalty;

(5) In the case of corporate registration reports, franchise taxreports or other reports required to be filed with the office of secretaryof state, where the filing of such report would be delayed because of aperson performing such military service, such reports shall be filedwithout penalty within one hundred twenty days of the completion of suchmilitary service;

(6) No person performing such military service who is subject to acriminal summons for a traffic violation shall be subject to nonappearancesanctions for such violation until after one hundred eighty days after thecompletion of such military service;

(7) No person performing such military service who is required understate law to file financial disclosure reports shall be required to filesuch reports while performing such military service; however, such reportscovering that period of time that such military service is performed shallbe filed within one hundred eighty days after the completion of suchmilitary service;

(8) Any person with an indebtedness, liability or obligation forstate income tax or property tax on personal or real property who isperforming such military service or a spouse of such person filing acombined return or owning property jointly shall be granted an extension tofile any papers or to pay any obligation until one hundred eighty daysafter the completion of such military service or continuous hospitalizationas a result of such military service notwithstanding the provisions ofsection 143.991, RSMo, to the contrary and shall be allowed to pay such taxwithout penalty or interest if paid within the one hundred eighty-dayperiod;

(9) Notwithstanding other provisions of the law to the contrary, forthe purposes of this section, interest shall be allowed and paid on anyoverpayment of tax imposed by sections 143.011 to 143.998, RSMo, at therate of six percent per annum from the original due date of the return orthe date the tax was paid, whichever is later;

(10) No state agency, board, commission or administrative tribunalshall take any administrative action against any person performing suchmilitary service for that person's failure to take any required action ormeet any required obligation not already provided for in subdivisions (1)to (8) of this subsection until one hundred eighty days after thecompletion of such military service, except that any agency, board,commission or administrative tribunal affected by this subdivision may, inits discretion, extend the time required to take such action or meet suchobligation beyond the one hundred eighty-day period;

(11) Any disciplinary or administrative action or proceeding beforeany state agency, board, commission or administrative tribunal where theperson performing such military service is a necessary party, which occursduring such period of military service, shall be stayed by theadministrative entity before which it is pending until sixty days after theend of such military service.

2. Upon completing such military service, the person shall providethe appropriate agency, board, commission or administrative tribunal anofficial order from the appropriate military authority as evidence of suchmilitary service.

3. The provisions of this section shall apply to any individualdescribed in subsection 1 of this section who performs such militaryservice on or after August 2, 1990.

(L. 1991 S.B. 358 § 5, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 H.B. 481)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T05 > C041 > 41_950

Members of military forces called to active duty--relieved fromcertain provisions of law.

41.950. 1. Any resident of this state who is a member of thenational guard or of any reserve component of the armed forces of theUnited States or who is a member of the United States Army, the UnitedStates Navy, the United States Air Force, the United States Marine Corps,the United States Coast Guard or an officer of the United States PublicHealth Service detailed by proper authority for duty with any branch of theUnited States armed forces described in this section and who is engaged inthe performance of active duty in the military service of the United Statesin a military conflict in which reserve components have been called toactive duty under the authority of 10 U.S.C. 672(d) or 10 U.S.C. 673b orany such subsequent call or order by the President or Congress for anyperiod of thirty days or more shall be relieved from certain provisions ofstate law, as follows:

(1) No person performing such military service who owns a motorvehicle shall be required to maintain financial responsibility on suchmotor vehicle as required under section 303.025, RSMo, until such time asthat person completes such military service, unless any person shall beoperating such motor vehicle while the vehicle owner is performing suchmilitary service;

(2) No person failing to renew his driver's license while performingsuch military service shall be required to take a complete examination asrequired under section 302.173, RSMo, when renewing his license withinsixty days after completing such military service;

(3) Any motor vehicle registration required under chapter 301, RSMo,that expires for any person performing such military service may be renewedby such person within sixty days of completing such military servicewithout being required to pay a delinquent registration fee; however, suchmotor vehicle shall not be operated while the person is performing suchmilitary service unless the motor vehicle registration is renewed;

(4) Any person enrolled by the supreme court of Missouri or licensed,registered or certified under chapter 168, 256, 317, 324, 325, 326, 327,328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,343, 344, 345, 346, 375, 640 or 644, RSMo, and interpreters licensed undersections 209.319 to 209.339, RSMo, whose license, registration orcertification expires while performing such military service, may renewsuch license, registration or certification within sixty days of completingsuch military service without penalty;

(5) In the case of corporate registration reports, franchise taxreports or other reports required to be filed with the office of secretaryof state, where the filing of such report would be delayed because of aperson performing such military service, such reports shall be filedwithout penalty within one hundred twenty days of the completion of suchmilitary service;

(6) No person performing such military service who is subject to acriminal summons for a traffic violation shall be subject to nonappearancesanctions for such violation until after one hundred eighty days after thecompletion of such military service;

(7) No person performing such military service who is required understate law to file financial disclosure reports shall be required to filesuch reports while performing such military service; however, such reportscovering that period of time that such military service is performed shallbe filed within one hundred eighty days after the completion of suchmilitary service;

(8) Any person with an indebtedness, liability or obligation forstate income tax or property tax on personal or real property who isperforming such military service or a spouse of such person filing acombined return or owning property jointly shall be granted an extension tofile any papers or to pay any obligation until one hundred eighty daysafter the completion of such military service or continuous hospitalizationas a result of such military service notwithstanding the provisions ofsection 143.991, RSMo, to the contrary and shall be allowed to pay such taxwithout penalty or interest if paid within the one hundred eighty-dayperiod;

(9) Notwithstanding other provisions of the law to the contrary, forthe purposes of this section, interest shall be allowed and paid on anyoverpayment of tax imposed by sections 143.011 to 143.998, RSMo, at therate of six percent per annum from the original due date of the return orthe date the tax was paid, whichever is later;

(10) No state agency, board, commission or administrative tribunalshall take any administrative action against any person performing suchmilitary service for that person's failure to take any required action ormeet any required obligation not already provided for in subdivisions (1)to (8) of this subsection until one hundred eighty days after thecompletion of such military service, except that any agency, board,commission or administrative tribunal affected by this subdivision may, inits discretion, extend the time required to take such action or meet suchobligation beyond the one hundred eighty-day period;

(11) Any disciplinary or administrative action or proceeding beforeany state agency, board, commission or administrative tribunal where theperson performing such military service is a necessary party, which occursduring such period of military service, shall be stayed by theadministrative entity before which it is pending until sixty days after theend of such military service.

2. Upon completing such military service, the person shall providethe appropriate agency, board, commission or administrative tribunal anofficial order from the appropriate military authority as evidence of suchmilitary service.

3. The provisions of this section shall apply to any individualdescribed in subsection 1 of this section who performs such militaryservice on or after August 2, 1990.

(L. 1991 S.B. 358 § 5, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 H.B. 481)