SF 1104

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; clarifying certain national 
  1.3             guard eligibility and rank designation requirements; 
  1.4             authorizing disposal of certain unused armory sites; 
  1.5             authorizing certain armory payments; clarifying 
  1.6             language on armory transfers; amending Minnesota 
  1.7             Statutes 2000, sections 190.06, subdivision 1; 190.07; 
  1.8             193.144, subdivision 6; 193.145, subdivision 4; and 
  1.9             193.148. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 190.06, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [COMPOSITION.] The militia shall consist of:
  1.14     (1) all able-bodied citizens of the state and other 
  1.15  able-bodied persons, residing in the state who have or shall 
  1.16  have declared their intention to become citizens of the United 
  1.17  States, when so authorized by federal law, who comply with the 
  1.18  minimum age requirements for federal regular military service 
  1.19  under United States Code, title 10, section 505, and who are not 
  1.20  more than 45 years of age; provided, that the governor may, when 
  1.21  the governor deems it necessary for the defense of the state, 
  1.22  extend the maximum age for militia service to not more than 64 
  1.23  years; and 
  1.24     (2) persons who enlist in, are commissioned in, or are 
  1.25  otherwise appointed to the Minnesota national guard in 
  1.26  accordance with applicable federal law and regulation, including 
  1.27  enlisted members, warrant officers, and commissioned officers. 
  2.1      Sec. 2.  Minnesota Statutes 2000, section 190.07, is 
  2.2   amended to read: 
  2.3      190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 
  2.4      There shall be an adjutant general of the state who shall 
  2.5   be appointed by the governor.  The adjutant general shall be a 
  2.6   staff officer, who at the time of appointment shall be a 
  2.7   commissioned officer of the national guard of this state, with 
  2.8   not less than ten years military service in the armed forces 
  2.9   national guard of this state or the armed forces of the United 
  2.10  States, at least three of which shall have been commissioned and 
  2.11  who shall have reached the grade of a field officer.  
  2.12     The adjutant general shall hold at least the rank of major 
  2.13  general and may be promoted to and including the highest rank 
  2.14  authorized under federal law.  However, the adjutant 
  2.15  general shall may not be appointed promoted to the rank of major 
  2.16  general without having at least 20 years service in the 
  2.17  Minnesota national guard, at least one of which one year has 
  2.18  been in the rank of brigadier general.  
  2.19     The term of the adjutant general is seven years from the 
  2.20  date of appointment.  Section 15.06, subdivisions 3, 4, and 5, 
  2.21  governs filling of vacancies in the office of adjutant general.  
  2.22  The adjutant general shall not be removed from office during a 
  2.23  term except upon withdrawal of federal recognition or as 
  2.24  otherwise provided by the military laws of this state. 
  2.25     Sec. 3.  Minnesota Statutes 2000, section 193.144, 
  2.26  subdivision 6, is amended to read: 
  2.27     Subd. 6.  [DISPOSAL OF UNUSED SITE.] In case any land 
  2.28  acquired for armory site purposes hereunder has been donated to 
  2.29  such corporation or to the state of Minnesota by such county or 
  2.30  municipality or by other governmental agency except the state, 
  2.31  and in case such land or any part thereof shall thereafter not 
  2.32  be used for armory purposes for a continuous period of more than 
  2.33  ten years, not including the period of any war or other 
  2.34  emergency in which the armed forces of the state may be engaged, 
  2.35  the county or municipality may provide written notice to the 
  2.36  adjutant general and, if the property is not used for armory 
  3.1   purposes within one year from the notice, the adjutant general 
  3.2   shall reconvey the property to the donor county or 
  3.3   municipality.  The adjutant general may reconvey the property in 
  3.4   less than ten years, if the adjutant general determines that the 
  3.5   corporation or the state has no further interest in the property.
  3.6      Sec. 4.  Minnesota Statutes 2000, section 193.145, 
  3.7   subdivision 4, is amended to read: 
  3.8      Subd. 4.  [PAYMENTS BY ADJUTANT GENERAL.] Whether or not 
  3.9   bonds are issued, the adjutant general is hereby authorized to 
  3.10  pay to such corporation, out of any moneys which may from time 
  3.11  to time be appropriated to and for the military department and 
  3.12  not appropriated or set apart for any other specific purpose, 
  3.13  the sum of not less than $3,000 per year for each unit of the 
  3.14  national guard quartered in such armory when only one such unit 
  3.15  is so quartered, and the sum of not less than $2,000 per year 
  3.16  for each additional unit when more than one such unit is so 
  3.17  quartered, and may bind the office of the adjutant general, both 
  3.18  currently and in the future, by agreement to such corporation to 
  3.19  make such payments in a specific amount or amounts out of such 
  3.20  appropriations for a period of not more than 40 years. 
  3.21     Sec. 5.  Minnesota Statutes 2000, section 193.148, is 
  3.22  amended to read: 
  3.23     193.148 [CONVEYANCE TO STATE.] 
  3.24     When payment has been made of all indebtedness incurred by 
  3.25  such corporation or of all funds spent by the corporation 
  3.26  incident to the procurement, erection, equipment, and operation 
  3.27  of any armory built under the provisions of sections 193.141 to 
  3.28  193.149, including the payment in full of the principal and 
  3.29  interest of all bonds issued by such corporation to cover the 
  3.30  cost of such armory or the full repayment of any commission 
  3.31  funds expended for the construction of such armory, such 
  3.32  corporation shall transfer and convey such armory building and 
  3.33  the site thereof to the state of Minnesota, for military 
  3.34  purposes, to be administered as are other state-owned armories.  
  3.35     Any unencumbered balance then held by the commission 
  3.36  accruing to such armory shall be retained to be applied to the 
  4.1   future maintenance, repair, and equipment of armories.