SF 380

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; clarifying certain powers 
  1.3             and duties of the governor; defining certain terms; 
  1.4             clarifying language designating the rank of the 
  1.5             adjutant general; clarifying language on acceptance of 
  1.6             money by the adjutant general on behalf of the state; 
  1.7             clarifying authority of the adjutant general to lease 
  1.8             certain land; eliminating certain obsolete and 
  1.9             duplicative language; amending Minnesota Statutes 
  1.10            1994, sections 190.02; 190.05, by adding subdivisions; 
  1.11            190.07; 190.16, subdivision 2; 190.25, subdivision 1; 
  1.12            repealing Minnesota Statutes 1994, sections 190.10; 
  1.13            190.13; and 190.29. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 190.02, is 
  1.16  amended to read: 
  1.17     190.02 [GOVERNOR TO BE COMMANDER-IN-CHIEF; RULES; STAFF.] 
  1.18     The governor shall be the commander-in-chief of the 
  1.19  military forces, except so much thereof as may be in the actual 
  1.20  service of the United States, and may employ the same for the 
  1.21  defense or relief of the state or any other state, the 
  1.22  enforcement of law, and the protection of persons and property 
  1.23  therein.  
  1.24     The governor shall make and publish rules, not inconsistent 
  1.25  with law, and enforce all the provisions of the military code.  
  1.26     The governor may appoint a staff, consisting of an adjutant 
  1.27  general and six aides-de-camp of field grade who shall be 
  1.28  detailed from the national guard. 
  1.29     Sec. 2.  Minnesota Statutes 1994, section 190.05, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 3a.  [MILITARY RESERVATIONS.] "Military reservations,"
  2.3   without limitation, includes military installations, armories, 
  2.4   air bases, and facilities owned or controlled by the state for 
  2.5   military purposes. 
  2.6      Sec. 3.  Minnesota Statutes 1994, section 190.05, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 6a.  [OFFICER.] "Officer" includes commissioned 
  2.9   officers and commissioned warrant officers in the army national 
  2.10  guard and the air national guard. 
  2.11     Sec. 4.  Minnesota Statutes 1994, section 190.07, is 
  2.12  amended to read: 
  2.13     190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 
  2.14     There shall be an adjutant general of the state who shall 
  2.15  be appointed by the governor.  The adjutant general shall be a 
  2.16  staff officer, who at the time of appointment shall be a 
  2.17  commissioned officer of the national guard of this state, with 
  2.18  not less than ten years military service in the armed forces of 
  2.19  this state or of the United States, at least three of which 
  2.20  shall have been commissioned and who shall have reached the 
  2.21  grade of a field officer.  
  2.22     The adjutant general shall hold the rank equal to that of 
  2.23  the highest rank authorized for the army and air national guard 
  2.24  in the table of organization for units allotted to the state by 
  2.25  the department of the army, or the department of the air force, 
  2.26  or by both such departments, through the national guard 
  2.27  bureau of major general.  However, the adjutant general shall 
  2.28  not be appointed to the rank of major general without having 20 
  2.29  years service in the national guard, of which one year has been 
  2.30  in the rank of brigadier general.  
  2.31     The term of the adjutant general is seven years from the 
  2.32  date of appointment.  Section 15.06, subdivisions 3, 4, and 5, 
  2.33  governs filling of vacancies in the office of adjutant general.  
  2.34  The adjutant general shall not be removed from office during a 
  2.35  term except upon withdrawal of federal recognition or as 
  2.36  otherwise provided by the military laws of this state. 
  3.1      Sec. 5.  Minnesota Statutes 1994, section 190.16, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [ACCEPTANCE OF MONEY.] The adjutant general may 
  3.4   accept federal moneys and other moneys money, either public or 
  3.5   private, for and in behalf of the state of Minnesota, for the 
  3.6   support of the state's military forces, and for the 
  3.7   construction, improvement, or maintenance of buildings, air 
  3.8   bases, roads, utilities and any or all other structures or 
  3.9   facilities required in the training, housing, and maintenance of 
  3.10  the military forces of the state upon such terms and conditions 
  3.11  as are or may be prescribed by the laws of the United States and 
  3.12  any rules or regulations made thereunder. 
  3.13     Sec. 6.  Minnesota Statutes 1994, section 190.25, 
  3.14  subdivision 1, is amended to read: 
  3.15     Subdivision 1.  The adjutant general is hereby authorized 
  3.16  to acquire in the name of the state by purchase, gift, or 
  3.17  condemnation, and is authorized to lease all lands which the 
  3.18  adjutant general may deem necessary, including lands already 
  3.19  devoted to a public use, for military training purposes, 
  3.20  adjacent to or in the vicinity of the military field training 
  3.21  center at Camp Ripley, or at any other suitable place in this 
  3.22  state, subject to the limitations of funds appropriated and 
  3.23  available. 
  3.24     Sec. 7.  [REPEALER.] 
  3.25     Minnesota Statutes 1994, sections 190.10; 190.13; and 
  3.26  190.29, are repealed.