Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 442-H.F.No. 1786
           An act relating to the military; modifying the 
          qualifications of the adjutant general; changing the 
          appointment of assistant adjutants general; mandating 
          termination of an officer's commission when federal 
          recognition is withdrawn; expanding the power of the 
          adjutant general to sell an armory; and expanding the 
          use of the proceeds from the sale of an armory; 
          amending Minnesota Statutes 1982, sections 190.07; 
          190.08, subdivisions 1, 3, and 4; 190.09; 192.18, 
          subdivision 1; and 193.36, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 190.07, is 
amended to read: 
    190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 
    There shall be an adjutant general of the state who shall 
be appointed by the governor, who shall be a staff officer, who 
at the time of appointment shall be a commissioned officer of 
the National Guard of this state, with not less than ten years 
military service in the armed forces of this state or of the 
United States, at least three of which shall have been 
commissioned and who shall have reached the grade of a field 
officer.  
    He shall hold rank equal to that of the highest rank 
authorized for the army and air national guard in the table of 
organization for units allotted to the state by the department 
of the army, or the department of the air force, or by both such 
departments, through the national guard bureau.  However, he 
shall not be appointed to the rank of major general unless he 
has 20 years service in the national guard, of which 2 years has 
been in the rank of brigadier general.  
    He shall hold office as provided in section 110, Act of 
Congress, approved June 3, 1916 by United States Code, title 32, 
section 314, as amended through the date of appointment, and 
shall not be removed from office except as upon withdrawal of 
federal recognition or as otherwise provided by the military 
laws of this state.  
     Sec. 2.  Minnesota Statutes 1982, section 190.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  The adjutant general, with the approval of 
the governor, may appoint from among the field officers and 
general officers of the national guard an assistant adjutant 
general for army national guard and an assistant adjutant 
general for air national guard who, if otherwise qualified, may 
be appointed to general officer grade.  The An assistant 
adjutant general who is senior in rank also shall serve, in 
addition to his other duties, as deputy serves at the pleasure 
of the adjutant general.  An assistant adjutant general shall 
also cease to serve upon withdrawal of federal recognition or 
when otherwise removed in accordance with the military laws of 
this state.  
    Sec. 3.  Minnesota Statutes 1982, section 190.08, 
subdivision 3, is amended to read: 
    Subd. 3.  The adjutant general may order to state active 
service, with their consent, such additional officers, warrant 
officers, and enlisted men personnel of the military forces 
national guard of the state as are required for the full time 
administration of the military department.  Such persons, after 
one year of active service Except for those appointed under 
subdivisions 1 and 2, shall they may not be removed from office 
after one year of active service except for cause or, reduction 
in force, or withdrawal of federal recognition, as long as they 
remain active members of the military forces of the state.  
    Sec. 4.  Minnesota Statutes 1982, section 190.08, 
subdivision 4, is amended to read: 
    Subd. 4.  In case of war, riot, insurrection, or other 
emergency, or when otherwise authorized by the governor, the 
adjutant general may order to temporary active service such 
additional officers, warrant officers, and enlisted men 
personnel of the national guard, including retired personnel, as 
may be necessary.  Such Personnel shall do not acquire any of 
the rights to office provided by under subdivision 3 while 
performing such temporary active service and.  When their 
services are no longer required they shall be relieved from such 
active service.  
    Sec. 5.  Minnesota Statutes 1982, section 190.09, is 
amended to read: 
    190.09 [POWERS, DUTIES.] 
    The adjutant general shall be the chief of staff to the 
commander-in-chief and the administrative head of the military 
department.  He shall have an office in the capitol and keep it 
open during the usual business hours.  
    He shall have custody of all military records, 
correspondence, and other military documents.  He shall be the 
medium of military correspondence with the governor and perform 
all other duties pertaining to his office prescribed by law.  He 
shall make an annual report to the governor, at such time as the 
governor may require, of all the transactions of his department, 
setting forth the number, strength and condition of the national 
guard, and such other matters as he may deem important.  He 
shall make and transmit to the federal government the returns 
required by the laws of the United States.  He shall, whenever 
necessary, cause the military code, orders and regulations of 
the state to be printed and distributed to the commissioned 
officers and the several organizations of the national guard.  
He shall cause to be prepared and issued all necessary books, 
blanks and notices required to carry into full effect the 
provisions of the military code.  All such books and blanks 
shall be and remain the property of the state.  
    The seal now used in the office of the adjutant general 
shall be the seal of his office and shall be delivered by him to 
his successor.  All orders issued from his office shall be 
authenticated with his seal.  The adjutant general shall attest 
all commissions issued to military officers.  He will 
superintend the preparation of all returns and reports required 
by the United States from the state on military matters.  
    In the absence or inability to perform his duties as 
adjutant general, the next senior assistant adjutant general 
present for duty shall perform the duties prescribed for the 
adjutant general.  The adjutant general shall designate an 
assistant adjutant general to serve as deputy adjutant general 
to perform the duties of the adjutant general during periods 
when the adjutant general is absent or unable to perform his 
duties.  In the absence of all of the above, the senior officer 
of the national guard, shall perform the duties prescribed for 
the adjutant general.  
    The flags and colors carried by Minnesota troops in the 
Civil War, Indian Wars, Spanish-American War, Mexican Border 
Campaign, the first World War, and subsequent wars shall be 
preserved in the capitol under the especial care of the adjutant 
general.  They shall be suitably encased and marked, and, so far 
as the adjutant general may deem it consistent with their 
safety, shall at all times be publicly displayed.  
    Sec. 6.  Minnesota Statutes 1982, section 192.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whenever the federal recognition of an 
officer or warrant officer of the national guard is withdrawn, 
his commission in the Minnesota national guard may be shall be 
terminated, except that any officer or warrant officer who shall 
have served in the Minnesota national guard for a period of not 
less than 20 years and any officer or warrant officer who 
becomes disabled in line of duty while in the service of the 
state or of the United States and is thereby made incapable of 
performing his military duties may, if he applies therefor, be 
placed in a retired status and have his name placed on a roll in 
the office of the adjutant general to be known as the "roll of 
retired officers."  
    Sec. 7.  Minnesota Statutes 1982, section 193.36, 
subdivision 2, is amended to read: 
    Subd. 2.  [MAY SELL AND CONVEY SUCH PROPERTY IN CERTAIN 
CASES.] In any such case when there is no prospect that the 
armory will ever again be used the adjutant general finds it 
advantageous for military purposes training, the adjutant 
general may sell and convey such property to the municipality or 
county in which the same is located at a price to be determined 
by a board of three appraisers to be selected by the adjutant 
general, the commissioner of administration, and the 
commissioner of finance, and.  The money so received shall be 
credited to the general fund and is appropriated to the adjutant 
general to be used:  (1) as a contribution for the construction 
of a new armory to replace the one sold; or be transferred to 
the Minnesota state armory building commission if the new armory 
to replace the one sold is to be constructed or acquisition of 
an armory, armories, or armory facilities to replace the one 
sold; or (2) for the maintenance, operation, repair, 
rehabilitation, or improvement of existing armory facilities. 
The money may also be transferred to the Minnesota state armory 
commission:  (1) for the replacement of an armory, armories, or 
armory facilities constructed or acquired by the commission; or 
(2) for the maintenance, operation, repair, rehabilitation, or 
improvement of facilities owned by said the commission.  If no 
new armory is built the money received is not expended for the 
purposes stated in this subdivision within five ten years after 
the old armory has been sold, the appropriation to the adjutant 
general as herein provided in this subdivision shall lapse.  In 
the event that both the municipality and the county desire to 
purchase the armory, the municipality shall be given first 
priority to purchase the armory. 
    If the municipality or county shall not purchase such 
property after a reasonable opportunity, the adjutant general 
may sell and convey the same to any person after a sale thereof 
at public sale, and in the same manner as certain state property 
is sold at public sale under the provisions of chapter 16.  The 
adjutant general may lease any such armory remaining unsold to 
the municipality for public purposes at an annual rental which 
shall not be less than ten percent of the appraised value of the 
property. 
    Approved April 22, 1984