HF 206

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; authorizing the adjutant 
  1.3             general to assign certain retired officers to 
  1.4             temporary active duty; expanding the authority of the 
  1.5             adjutant general to recommend members of the national 
  1.6             guard for brevet rank; changing eligibility for the 
  1.7             state service medal; changing certain penalties for 
  1.8             wrongful disposition of military property; changing 
  1.9             the agency to be notified in the case of temporary 
  1.10            emergency relief payments; providing for appointment 
  1.11            of a United States property and fiscal officer; 
  1.12            eliminating obsolete language concerning retention of 
  1.13            uniforms; national guard discipline, training, rifle 
  1.14            practice, encampments, and drills; clarifying 
  1.15            provisions related to pay for officers and enlisted 
  1.16            persons; imposing a penalty; amending Minnesota 
  1.17            Statutes 1994, sections 192.19; 192.20; 192.23; 
  1.18            192.37; 192.38, subdivision 1; 192.40; and 192.49; 
  1.19            repealing Minnesota Statutes 1994, sections 192.36; 
  1.20            192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, 
  1.21            subdivision 2. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1994, section 192.19, is 
  1.24  amended to read: 
  1.25     192.19 [RETIRED OFFICERS MAY BE ORDERED TO ACTIVE DUTY.] 
  1.26     The commander-in-chief or the adjutant general may assign 
  1.27  officers on the retired list, with their consent, to temporary 
  1.28  active duty service in recruiting, upon courts-martial, courts 
  1.29  of inquiry and boards, to staff duty not involving service with 
  1.30  troops, or in charge of a military reservation left temporarily 
  1.31  without officers.  Such officers while so assigned shall receive 
  1.32  the full pay and allowances of their grades at time of 
  1.33  retirement. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 192.20, is 
  2.2   amended to read: 
  2.3      192.20 [BREVET RANK.] 
  2.4      General and field Officers, warrant officers, and enlisted 
  2.5   persons of the national guard who have, after ten years active 
  2.6   service, resigned or retired for physical disability or 
  2.7   otherwise, may in the discretion of the commander-in-chief, on 
  2.8   the recommendation of the adjutant general, be commissioned by 
  2.9   brevet, in the next higher grade than that held by them at the 
  2.10  time of their resignation or retirement.  Brevet rank shall be 
  2.11  considered strictly honorary and shall confer no privilege of 
  2.12  precedence or command, nor pay any emoluments.  Brevet officers, 
  2.13  warrant officers, and enlisted persons may wear the uniform of 
  2.14  their brevet grade on occasions of ceremony. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 192.23, is 
  2.16  amended to read: 
  2.17     192.23 [SERVICE MEDALS.] 
  2.18     The commander-in-chief may, by general order, provide a 
  2.19  suitable mark of distinction for all officers and enlisted 
  2.20  members who have served in the military forces of the state for 
  2.21  an aggregate period of three, five, ten, 15, and 20 years, 
  2.22  respectively, and for like service thereafter; and medals to be 
  2.23  awarded for valor, for distinguished service, and for good 
  2.24  conduct.  The commander-in-chief may authorize and prescribe 
  2.25  regulations for the issuance of suitable marks of distinction to 
  2.26  be awarded to officers and enlisted members who have served in 
  2.27  the military forces of the state during periods of war or other 
  2.28  declared emergencies, provided that these shall not be awarded 
  2.29  for service for which service medals or bars are authorized by 
  2.30  federal authority. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 192.37, is 
  2.32  amended to read: 
  2.33     192.37 [DISPOSING OF WRONGFUL DISPOSITION OF PROPERTY.] 
  2.34     Every person, whether a member of the military forces or 
  2.35  not, who shall willfully sell or dispose of or buy or receive 
  2.36  any arms, equipment or accoutrements issued by sells, buys, 
  3.1   damages, destroys, disposes of, or retains any military property 
  3.2   of the United States or of the state for the use of the military 
  3.3   forces, or refuses to deliver or pay for the same upon lawful 
  3.4   demand, without proper authority shall be guilty of a 
  3.5   misdemeanor.  If the military property has a value in excess of 
  3.6   $500, or if the military property is a firearm, explosive, or 
  3.7   incendiary device, the person shall be guilty of a felony.  
  3.8      Sec. 5.  Minnesota Statutes 1994, section 192.38, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [TEMPORARY EMERGENCY RELIEF.] If any 
  3.11  officer or enlisted member of the military forces is wounded or 
  3.12  otherwise disabled, dies from disease contracted or injuries 
  3.13  received, or is killed while in state active service as defined 
  3.14  in section 190.05, subdivision 5a, the officer or member, or in 
  3.15  the case of death the officer's or member's dependent spouse, 
  3.16  child, or parent, may be provided with immediate temporary 
  3.17  relief as necessary in cases of severe hardship, in an amount to 
  3.18  be determined by the adjutant general and approved by the 
  3.19  governor.  All payments under this subdivision shall be made 
  3.20  from appropriations for the maintenance of the state military 
  3.21  forces.  The adjutant general shall notify the workers' 
  3.22  compensation commission department of employee relations of any 
  3.23  payments made pursuant to this subdivision and the amount of it 
  3.24  shall be subtracted from any award made by the commission 
  3.25  department of employee relations. 
  3.26     Sec. 6.  Minnesota Statutes 1994, section 192.40, is 
  3.27  amended to read: 
  3.28     192.40 [GOVERNOR TO APPOINT UNITED STATES PROPERTY AND 
  3.29  DISBURSING FISCAL OFFICER.] 
  3.30     The governor, upon the recommendation of the adjutant 
  3.31  general and pursuant to federal authority, shall appoint, 
  3.32  designate, or detail subject to the approval of the secretary of 
  3.33  defense, the adjutant general, or an officer of the national 
  3.34  guard who shall be regarded as property and disbursing officer 
  3.35  for the United States the army and secretary of the air force, a 
  3.36  qualified commissioned officer of the Minnesota national guard 
  4.1   to be the United States property and fiscal officer for 
  4.2   Minnesota.  The officer appointed shall receipt and account for 
  4.3   all funds and property belonging to the United States in 
  4.4   possession of the national guard of this state and shall make 
  4.5   such returns and reports concerning the same as may be required 
  4.6   by the secretary of defense.  The officer appointed shall 
  4.7   render, through the defense department, such accounts of federal 
  4.8   funds entrusted to that officer for disbursement as may be 
  4.9   required by the treasury department. 
  4.10     The property and disbursing officer shall, before entering 
  4.11  upon the performance of duties, be required to give good and 
  4.12  sufficient bond to the United States, the amount thereof to be 
  4.13  determined by the secretary of defense, for the faithful 
  4.14  performance of assigned duties and for the safekeeping and 
  4.15  proper disposition of the federal property and funds entrusted 
  4.16  to the care of that officer. 
  4.17     This property and disbursing officer may also be the 
  4.18  quartermaster of the state chief, national guard bureau, and the 
  4.19  appropriate service secretary. 
  4.20     Sec. 7.  Minnesota Statutes 1994, section 192.49, is 
  4.21  amended to read: 
  4.22     192.49 [PAY AND ALLOWANCES OF OFFICERS AND ORGANIZATIONS 
  4.23  ENLISTED PERSONS.] 
  4.24     Subdivision 1.  [OFFICERS.] Every commissioned officer of 
  4.25  the military forces shall receive from the state, while engaged 
  4.26  in any service ordered by the governor, pay and allowances at 
  4.27  the rate now or hereafter paid or allowed by law to officers 
  4.28  of similar rank the same grade and length of service in the 
  4.29  armed forces of the United States, but not less than $130 a day. 
  4.30     Subd. 2.  [UNIFORMS TO BE SUPPLIED ENLISTED PERSONS.] 
  4.31  When expedient, the adjutant general may issue to commissioned 
  4.32  officers from time to time any available articles of uniform and 
  4.33  equipment suitable for field work.  Articles so issued shall be 
  4.34  charged to the officer and that officer shall account for them 
  4.35  as provided in rules called into active service by the governor, 
  4.36  other than for encampment or maneuvers, including the time 
  5.1   necessarily consumed in travel, each enlisted person of the 
  5.2   military forces shall be paid by the state the pay and the 
  5.3   allowances, when not furnished in kind, provided by law for 
  5.4   enlisted persons of similar grade, rating, and length of service 
  5.5   in the armed forces of the United States, or $130 a day, 
  5.6   whichever is more.  
  5.7      Subd. 3.  [ALLOWANCES FOR MILITARY EXPENSE.] Allowances for 
  5.8   the necessary military expenses of all organizations, units, or 
  5.9   detachments of the military forces, including clerk hire, office 
  5.10  supplies, postage, and other actual outlay, shall be paid by the 
  5.11  adjutant general out of the funds appropriated for the 
  5.12  maintenance of the military forces, such.  These allowances 
  5.13  annually may not to exceed: 
  5.14     (1) for the state headquarters and for the division 
  5.15  headquarters when located in this state $2,000 each; 
  5.16     (2) $3,000 a year for the commanding general of troops; 
  5.17     (3) for any other organization commanded by a general 
  5.18  officer $1,000 plus $100 for each immediately and directly 
  5.19  subordinate organization or unit; 
  5.20     (4) for any brigade, group, battalion, squadron, or 
  5.21  equivalent organization $200 plus $100 for each immediately and 
  5.22  directly subordinate organization or unit; and 
  5.23     (5) $300 for incidental expenses of each company, battery, 
  5.24  or detachment; and 
  5.25     (6) at the time of the annual encampment or maneuvers,: 
  5.26     (i) for each division or camp headquarters mess $200; 
  5.27     (ii) for each officers' mess of a regiment, group, or 
  5.28  higher headquarters $200; and 
  5.29     (iii) for the officers' mess of each battalion or 
  5.30  equivalent headquarters $100. 
  5.31  Allowances authorized under this section shall be expended and 
  5.32  accounted for as prescribed by the commander-in-chief in orders 
  5.33  or rules.  
  5.34     Sec. 8.  [REPEALER.] 
  5.35     Minnesota Statutes 1994, sections 192.36; 192.435; 192.44; 
  5.36  192.45; 192.46; 192.47; and 192.51, subdivision 2, are repealed.