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Key: (1) language to be deleted (2) new language

                             CHAPTER 24-H.F.No. 453 
                  An act relating to the military; changing certain 
                  military requirements, procedures, and duties; 
                  clarifying certain language; changing armory 
                  provisions; amending Minnesota Statutes 1996, sections 
                  190.02; 190.05, by adding subdivisions; 190.07; 
                  190.16, subdivision 2; 190.25, subdivision 1; 192.19; 
                  192.20; 192.23; 192.37; 192.38, subdivision 1; 192.40; 
                  192.49, subdivisions 1 and 2; 193.142, subdivisions 1, 
                  2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 
                  193.145, subdivisions 2, 4, and 5; 193.148; and 
                  193.29, subdivision 4; repealing Minnesota Statutes 
                  1996, sections 190.13; 190.29; 192.36; 192.435; 
                  192.44; 192.45; 192.46; 192.47; and 192.51, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 190.02, is 
        amended to read: 
           190.02 [GOVERNOR TO BE COMMANDER-IN-CHIEF; RULES; STAFF.] 
           The governor shall be the commander-in-chief of the 
        military forces, except so much thereof as may be in the actual 
        service of the United States, and may employ the same for the 
        defense or relief of the state or any other state, the 
        enforcement of law, and the protection of persons and property 
        therein.  
           The governor shall make and publish rules, not inconsistent 
        with law, and enforce all the provisions of the military code.  
           The governor may appoint a staff, consisting of an adjutant 
        general and six aides-de-camp of field grade who shall be 
        detailed from the national guard. 
           Sec. 2.  Minnesota Statutes 1996, section 190.05, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [MILITARY RESERVATIONS.] "Military reservations,"
        without limitation, includes military installations, armories, 
        air bases, and facilities owned or controlled by the state for 
        military purposes. 
           Sec. 3.  Minnesota Statutes 1996, section 190.05, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [OFFICER.] "Officer" includes commissioned 
        officers and commissioned warrant officers in the army national 
        guard and the air national guard. 
           Sec. 4.  Minnesota Statutes 1996, 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.  The adjutant general 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.  
           The adjutant general shall hold the 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 of major general.  However, the adjutant general shall 
        not be appointed to the rank of major general without having 20 
        years service in the national guard, of which one year has been 
        in the rank of brigadier general.  
           The term of the adjutant general is seven years from the 
        date of appointment.  Section 15.06, subdivisions 3, 4, and 5, 
        governs filling of vacancies in the office of adjutant general.  
        The adjutant general shall not be removed from office during a 
        term except upon withdrawal of federal recognition or as 
        otherwise provided by the military laws of this state. 
           Sec. 5.  Minnesota Statutes 1996, section 190.16, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCEPTANCE OF MONEY.] The adjutant general may 
        accept federal moneys and other moneys money, either public or 
        private, for and in behalf of the state of Minnesota, for the 
        support of the state's military forces, and for the 
        construction, improvement, or maintenance of buildings, air 
        bases, roads, utilities and any or all other structures or 
        facilities required in the training, housing, and maintenance of 
        the military forces of the state upon such terms and conditions 
        as are or may be prescribed by the laws of the United States and 
        any rules or regulations made thereunder. 
           Sec. 6.  Minnesota Statutes 1996, section 190.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  The adjutant general is hereby authorized 
        to acquire in the name of the state by purchase, lease, gift, or 
        condemnation, and is authorized to lease all lands which the 
        adjutant general may deem necessary, including lands already 
        devoted to a public use, for military training purposes, 
        adjacent to or in the vicinity of the military field training 
        center at Camp Ripley, or at any other suitable place in this 
        state, subject to the limitations of funds appropriated and 
        available. 
           Sec. 7.  Minnesota Statutes 1996, section 192.19, is 
        amended to read: 
           192.19 [RETIRED OFFICERS MAY BE ORDERED TO ACTIVE DUTY.] 
           The commander-in-chief or the adjutant general may assign 
        officers on the retired list, with their consent, to temporary 
        active duty service in recruiting, upon courts-martial, courts 
        of inquiry and boards, to staff duty not involving service with 
        troops, or in charge of a military reservation left temporarily 
        without officers.  Such officers while so assigned shall receive 
        the full pay and allowances of their grades at time of 
        retirement. 
           Sec. 8.  Minnesota Statutes 1996, section 192.20, is 
        amended to read: 
           192.20 [BREVET RANK.] 
           General and field Officers, warrant officers, and enlisted 
        persons of the national guard who have, after ten years active 
        service, resigned or retired for physical disability or 
        otherwise, may in the discretion of the commander-in-chief, on 
        the recommendation of the adjutant general, be commissioned by 
        brevet, in the next higher grade than that held by them at the 
        time of their resignation or retirement.  Brevet rank shall be 
        considered strictly honorary and shall confer no privilege of 
        precedence or command, nor pay any emoluments.  Brevet officers, 
        warrant officers, and enlisted persons may wear the uniform of 
        their brevet grade on occasions of ceremony. 
           Sec. 9.  Minnesota Statutes 1996, section 192.23, is 
        amended to read: 
           192.23 [SERVICE MEDALS.] 
           The commander-in-chief may, by general order, provide a 
        suitable mark of distinction for all officers and enlisted 
        members who have served in the military forces of the state for 
        an aggregate period of three, five, ten, 15, and 20 years, 
        respectively, and for like service thereafter; and medals to be 
        awarded for valor, for distinguished service, and for good 
        conduct.  The commander-in-chief may authorize and prescribe 
        regulations for the issuance of suitable marks of distinction to 
        be awarded to officers and enlisted members who have served in 
        the military forces of the state during periods of war or other 
        declared emergencies, provided that these shall not be awarded 
        for service for which service medals or bars are authorized by 
        federal authority. 
           Sec. 10.  Minnesota Statutes 1996, section 192.37, is 
        amended to read: 
           192.37 [DISPOSING WRONGFUL DISPOSITION OF PROPERTY.] 
           Every person, whether a member of the military forces or 
        not, who shall willfully sell or dispose of or buy or receive 
        any arms, equipment or accoutrements issued by sells, buys, 
        damages, destroys, disposes of, or retains any military property 
        of the United States or of the state for the use of the military 
        forces, or refuses to deliver or pay for the same upon lawful 
        demand, without proper authority shall be guilty of a 
        misdemeanor.  
           Sec. 11.  Minnesota Statutes 1996, section 192.38, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TEMPORARY EMERGENCY RELIEF.] If any 
        officer or enlisted member of the military forces is wounded or 
        otherwise disabled, dies from disease contracted or injuries 
        received, or is killed while in state active service as defined 
        in section 190.05, subdivision 5a, the officer or member, or in 
        the case of death the officer's or member's dependent spouse, 
        child, or parent, may be provided with immediate temporary 
        relief as necessary in cases of severe hardship, in an amount to 
        be determined by the adjutant general and approved by the 
        governor.  All payments under this subdivision shall be made 
        from appropriations for the maintenance of the state military 
        forces.  The adjutant general shall notify the workers' 
        compensation commission department of employee relations of any 
        payments made pursuant to this subdivision and the amount of it 
        shall be subtracted from any award made by the commission 
        department of employee relations. 
           Sec. 12.  Minnesota Statutes 1996, section 192.40, is 
        amended to read: 
           192.40 [GOVERNOR TO APPOINT UNITED STATES PROPERTY AND 
        DISBURSING FISCAL OFFICER.] 
           The governor, upon the recommendation of the adjutant 
        general and pursuant to federal authority, shall appoint, 
        designate, or detail subject to the approval of the secretary of 
        defense, the adjutant general, or an officer of the national 
        guard who shall be regarded as property and disbursing officer 
        for the United States the army and secretary of the air force, a 
        qualified commissioned officer of the Minnesota national guard 
        to be the United States property and fiscal officer for 
        Minnesota.  The officer appointed shall receipt and account for 
        all funds and property belonging to the United States in 
        possession of the national guard of this state and shall make 
        such returns and reports concerning the same as may be required 
        by the secretary of defense.  The officer appointed shall 
        render, through the defense department, such accounts of federal 
        funds entrusted to that officer for disbursement as may be 
        required by the treasury department. 
           The property and disbursing officer shall, before entering 
        upon the performance of duties, be required to give good and 
        sufficient bond to the United States, the amount thereof to be 
        determined by the secretary of defense, for the faithful 
        performance of assigned duties and for the safekeeping and 
        proper disposition of the federal property and funds entrusted 
        to the care of that officer. 
           This property and disbursing officer may also be the 
        quartermaster of the state chief, national guard bureau, and the 
        appropriate service secretary. 
           Sec. 13.  Minnesota Statutes 1996, section 192.49, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFICERS.] Every commissioned officer of 
        the military forces shall receive from the state, while engaged 
        in any service ordered by the governor, pay and allowances at 
        the rate now or hereafter paid or allowed by law to officers 
        of similar rank the same grade and length of service in the 
        armed forces of the United States, but not less than $130 a day. 
           Sec. 14.  Minnesota Statutes 1996, section 192.49, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNIFORMS TO BE SUPPLIED ENLISTED PERSONS.] 
        When expedient, the adjutant general may issue to commissioned 
        officers from time to time any available articles of uniform and 
        equipment suitable for field work.  Articles so issued shall be 
        charged to the officer and that officer shall account for them 
        as provided in rules called into active service by the governor, 
        other than for encampment or maneuvers, including the time 
        necessarily consumed in travel, each enlisted person of the 
        military forces shall be paid by the state the pay and the 
        allowances, when not furnished in kind, provided by law for 
        enlisted persons of similar grade, rating, and length of service 
        in the armed forces of the United States, or $130 a day, 
        whichever is more.  
           Sec. 15.  Minnesota Statutes 1996, section 193.142, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CORPORATION CREATED; OFFICERS.] For the 
        purpose of constructing armories as provided by section 193.141, 
        there shall be created a corporation to be known as the 
        "Minnesota state armory building commission."  The members and 
        governing body of such corporation shall be the adjutant general 
        and not less than two officers of the line of the national guard 
        of the state above the grade of lieutenant colonel major, to be 
        selected and appointed by the adjutant general.  The adjutant 
        general shall be chair of such commission.  Such commission 
        shall elect a secretary and a treasurer from the members thereof 
        other than the adjutant general.  The treasurer of the 
        corporation shall give a security bond to the corporation in 
        such sum as the corporation may determine, conditioned in like 
        manner to the bonds of treasurers of public bodies, to be 
        approved and filed as the corporation may determine. 
           Sec. 16.  Minnesota Statutes 1996, section 193.142, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FILING; OFFICERS; MEMBERS; VACANCY.] Upon the 
        filing with the secretary of state of a certificate by the 
        adjutant general naming the persons authorized to compose such 
        commission and corporation, and declaring them to be constituted 
        a commission and corporation hereunder, such persons shall 
        forthwith become and be such commission and corporation without 
        further proceeding.  In case of a vacancy in the membership of 
        such commission and corporation, the remaining members, provided 
        there are not less than two, shall have power to act and to 
        elect such temporary officers of the commission as may be 
        necessary during the existence of the vacancy.  In case at any 
        time there shall not be at least two qualified officers of the 
        national guard in addition to the adjutant general eligible to 
        serve as members of such commission, the adjutant general may 
        appoint a member or members of such commission from the 
        lieutenant colonels of the line of the national guard of the 
        state, so as to provide not more than two members of such 
        commission in addition to the adjutant general.  The membership 
        of the members last so appointed shall automatically terminate 
        upon the appointment and qualification of an officer of the 
        national guard eligible under subdivision 1, to serve as a 
        member of such commission, provided the total membership be not 
        thereby reduced to less than three including the adjutant 
        general.  In case of a vacancy in the office of the adjutant 
        general, or in case of the incapacity of the adjutant general to 
        act as a member and chair of such commission, the officer who is 
        appointed or authorized according to law to exercise the powers 
        of the adjutant general for the time being, shall during the 
        existence of such vacancy or incapacity act as a member and 
        chair of such commission and have all the powers and duties 
        herein vested in or imposed upon the adjutant general as a 
        member and chair of such commission.  The adjutant general shall 
        certify to the secretary of state all changes in the membership 
        of the commission, but failure to do so shall not affect the 
        authority of any new member of the commission or the validity of 
        any act of the commission after the accession of a new member. 
           Sec. 17.  Minnesota Statutes 1996, section 193.142, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TRUSTEE IN CERTAIN CASES.] In case at any time 
        all or all but one of the line officers of the national guard 
        who are members of the commission or who are eligible to serve 
        as such are in active service outside the state, or where for 
        any other reason there are not at least two qualified line 
        officers of the national guard available within the state to 
        serve as members of the commission, the adjutant general, or in 
        case of incapacity or of a vacancy in that office, the officer 
        who is appointed or authorized according to law to exercise the 
        powers of the adjutant general for the time being, shall become 
        trustee of the commission and shall have all the powers and 
        perform all the duties of the commission and its officers so 
        long as such conditions exist.  Upon the occurrence of such 
        conditions the officer becoming trustee shall file with the 
        Secretary of State a certificate reciting the circumstances and 
        declaring that that officer assumes office as such trustee, and 
        thereupon shall be deemed to have qualified as such, with all 
        the authority hereby conferred.  Any change in such office shall 
        be likewise certified by the officers succeeding as trustee.  
        Upon the termination of such conditions, the adjutant general or 
        an authorized substitute shall certify the circumstances in like 
        manner, with the names of the officers then authorized by law to 
        compose the commission, and thereupon such officers shall 
        constitute the commission, and the authority of the trustee 
        shall terminate. 
           Sec. 18.  Minnesota Statutes 1996, section 193.143, is 
        amended to read: 
           193.143 [STATE ARMORY BUILDING COMMISSION, POWERS.] 
           Such corporation, subject to the conditions and limitations 
        prescribed in sections 193.141 to 193.149, shall possess all the 
        powers of a body corporate necessary and convenient to 
        accomplish the objectives and perform the duties prescribed by 
        sections 193.141 to 193.149, including the following, which 
        shall not be construed as a limitation upon the general powers 
        hereby conferred: 
           (1) To acquire by lease, purchase, gift, or condemnation 
        proceedings all necessary right, title, and interest in and to 
        the lands required for a site for a new armory and all other 
        real or personal property required for the purposes contemplated 
        by the military code and to hold and dispose of the same, 
        subject to the conditions and limitations herein prescribed; 
        provided that any such real or personal property or interest 
        therein may be so acquired or accepted subject to any condition 
        which may be imposed thereon by the grantor or donor and agreed 
        to by such corporation not inconsistent with the proper use of 
        such property by the state for armory or military purposes as 
        herein provided. 
           (2) To exercise the right of eminent domain in the manner 
        provided by chapter 117, for the purpose of acquiring any 
        property which such corporation is herein authorized to acquire 
        by condemnation; provided, that the corporation may take 
        possession of any such property so to be acquired at any time 
        after the filing of the petition describing the same in 
        condemnation proceedings; provided further, that this shall not 
        preclude the corporation from abandoning the condemnation of any 
        such property in any case where possession thereof has not been 
        taken. 
           (3) To construct and equip new armories as authorized 
        herein; to pay therefor out of the funds obtained as hereinafter 
        provided and to hold, manage, and dispose of such armory, 
        equipment, and site as hereinafter provided.  The total amount 
        of bonds issued on account of such armories shall not exceed the 
        amount of the cost thereof; provided also, that the total bonded 
        indebtedness of the commission shall not at any time exceed the 
        aggregate sum of $7,000,000. 
           (4) To sue and be sued. 
           (5) To contract and be contracted with in any matter 
        connected with any purpose or activity within the powers of such 
        corporations as herein specified; provided, that no officer or 
        member of such corporation shall be personally interested, 
        directly or indirectly, in any contract in which such 
        corporation is interested. 
           (6) To employ any and all professional and nonprofessional 
        services and all agents, employees, workers, and servants 
        necessary and proper for the purposes and activities of such 
        corporation as authorized or contemplated herein and to pay for 
        the same out of any portion of the income of the corporation 
        available for such purposes or activities.  The officers and 
        members of such corporation shall not receive any compensation 
        therefrom, but may receive their reasonable and necessary 
        expenses incurred in connection with the performance of their 
        duties; provided however, that whenever the duties of any member 
        of the commission require full time and attention the commission 
        may compensate the member therefor at such rates as it may 
        determine. 
           (7) To borrow money and issue bonds for the purposes and in 
        the manner and within the limitations herein specified, and to 
        pledge any and all property and income of such corporation 
        acquired or received as herein provided to secure the payment of 
        such bonds, subject to the provisions and limitations herein 
        prescribed, and to redeem any such bonds if so provided therein 
        or in the mortgage or trust deed accompanying the same. 
           (8) To use for the following purposes any available money 
        received by such corporation from any source as herein provided 
        in excess of those required for the payment of the cost of such 
        armory and for the payment of any bonds issued by the 
        corporation and interest thereon according to the terms of such 
        bonds or of any mortgage or trust deed accompanying the same: 
           (a) To pay the necessary incidental expenses of carrying on 
        the business and activities of the corporation as herein 
        authorized; 
           (b) To pay the cost of operating, maintaining, repairing, 
        and improving such new armories; 
           (c) If any further excess moneys remain, to purchase upon 
        the open market at or above or below the face or par value 
        thereof any bonds issued by the corporation as herein 
        authorized; provided, that any bonds so purchased shall 
        thereupon be canceled. 
           (9) To adopt and use a corporate seal. 
           (10) To adopt all needful bylaws and rules for the conduct 
        of business and affairs of such corporation and for the 
        management and use of all armories while under the ownership and 
        control of such corporation as herein provided, not inconsistent 
        with the use of such armory for armory or military purposes. 
           (11) Such corporation shall issue no stock. 
           (12) No officer or member of such corporation shall have 
        any personal share or interest in any funds or property of the 
        corporation or be subject to any personal liability by reason of 
        any liability of the corporation. 
           (13) The Minnesota state armory building commission created 
        under section 193.142 shall keep all money and credits received 
        by it as a single fund, to be designated as the "Minnesota state 
        armory building commission fund," with separate accounts for 
        each armory; and the commission may make transfers of money from 
        funds appertaining to any armory under its control for use for 
        any other such armory; provided such transfers shall be made 
        only from money on hand, from time to time, in excess of the 
        amounts required to meet payments of interest or principal on 
        bonds or other obligations appertaining to the armory to which 
        such funds pertain and only when necessary to pay expenses of 
        construction, operation, maintenance, and debt service of such 
        other armory; provided further, no such transfer of any money 
        paid for the support of any armory by the municipality in which 
        such armory is situated shall be made by the commission. 
           (14) The corporation created under section 193.142 may 
        designate one or more state or national banks as depositories of 
        its funds, and may provide, upon such conditions as the 
        corporation may determine, that the treasurer of the corporation 
        shall be exempt from personal liability for loss of funds 
        deposited in any such depository due to the insolvency or other 
        acts or omissions of such depository. 
           (15) The governor is empowered to apply for grants of 
        money, equipment, and materials which may be made available to 
        the states by the federal government for leasing, building, and 
        equipping armories for the use of the military forces of the 
        state which are reserve components of the armed forces of the 
        United States, whenever the governor is satisfied that the 
        conditions under which such grants are offered by the federal 
        government, are for the best interests of the state and are not 
        inconsistent with the laws of the state relating to armories, 
        and to accept such grants in the name of the state.  The 
        Minnesota state armory building commission is designated as the 
        agency of the state to receive such grants and to use them for 
        armory purposes as prescribed in this chapter, and by federal 
        laws, and regulations not inconsistent therewith. 
           Sec. 19.  Minnesota Statutes 1996, section 193.144, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY TO PROVIDE SITE.] Any county or 
        municipality as defined in section 471.345, subdivision 1, 
        desiring to construct a new armory may provide a site therefor 
        as hereinafter provided.  
           Sec. 20.  Minnesota Statutes 1996, section 193.144, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACQUISITION OF SITE; CONVEYANCE TO CORPORATION.] 
        If such county or municipality as defined in section 471.345, 
        subdivision 1, shall desire to have a new armory constructed, 
        such county or municipality may secure by purchase, gift, or 
        condemnation, and may convey to such corporation, a site for 
        such new armory approved as suitable therefor by the adjutant 
        general.  In case such site or any part thereof or interest 
        therein is owned or controlled by the board of park 
        commissioners of such county or municipality or by any other 
        governmental agency therein except the state or county or 
        municipality, such board or other agency may convey the same by 
        way of gift or sale to such corporation without charge.  
           Sec. 21.  Minnesota Statutes 1996, section 193.144, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DISPOSAL OF UNUSED SITE.] In case any land 
        acquired for armory site purposes hereunder has been donated to 
        such corporation by such county or municipality or by other 
        governmental agency except the state, and in case such land or 
        any part thereof shall thereafter not be used for armory 
        purposes for a continuous period of more than ten years, not 
        including the period of any war or other emergency in which the 
        armed forces of the state may be engaged, the title to such 
        unused land or part thereof shall thereupon pass, revert and be 
        vested in such county, municipality or other governmental agency 
        which donated the same, subject to any encumbrances that may 
        have been lawfully placed thereon by such corporation or 
        otherwise the county or municipality may provide written notice 
        to the adjutant general and, if the property is not used for 
        armory purposes within one year from the notice, the adjutant 
        general shall reconvey the property to the donor county or 
        municipality. 
           Sec. 22.  Minnesota Statutes 1996, section 193.145, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TAX LEVY.] A county or municipality, as defined 
        in section 471.345, subdivision 1, in which an armory has been 
        constructed or is to be constructed hereunder may by resolution 
        of its governing body irrevocably provide for levying and 
        collecting annually for a specified period, not exceeding 40 
        years, a tax on the taxable property in the county or 
        municipality. 
           The proceeds of the levy shall be paid to the corporation 
        for the purposes herein prescribed.  The county or municipality 
        may make the levies and payments and bind itself thereto by 
        resolution of its governing body.  The provisions of the 
        resolution may be made conditional upon the giving of an 
        agreement by the adjutant general as authorized in subdivision 
        4.  The obligations of the county or municipality to levy, 
        collect, and pay over the taxes shall not be deemed to 
        constitute an indebtedness of the county or municipality within 
        the meaning of any provision of law or of its charter limiting 
        its total or net indebtedness, and such taxes may be levied and 
        collected without regard to any charter provision limiting the 
        amount or rate of taxes which such county or municipality is 
        otherwise authorized to levy.  
           Sec. 23.  Minnesota Statutes 1996, section 193.145, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PAYMENTS BY ADJUTANT GENERAL.] In addition to 
        the payments by the state under subdivision 3, The adjutant 
        general is hereby authorized to pay to such corporation, out of 
        any moneys which may from time to time be appropriated to and 
        for the military department and not appropriated or set apart 
        for any other specific purpose, the sum of not less than $3,000 
        per year for each unit of the national guard quartered in such 
        armory when only one such unit is so quartered, and the sum of 
        not less than $2,000 per year for each additional unit when more 
        than one such unit is so quartered, and may bind the office of 
        the adjutant general, both currently and in the future, by 
        agreement to such corporation to make such payments in a 
        specific amount or amounts out of such appropriations for a 
        period of not more than 40 years. 
           Sec. 24.  Minnesota Statutes 1996, section 193.145, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LEASE TO STATE.] Upon completion of each new 
        armory such corporation shall lease the same to the state 
        through the adjutant general, until such armory and site shall 
        be conveyed to the state as hereinafter provided. Such lease 
        shall be made upon such terms and conditions as shall secure to 
        the state the full and complete use of such armory, for armory 
        and military purposes so far as may be required for the 
        headquarters, organizations, and units of the national guard 
        stationed in such municipality, and upon such other terms and 
        conditions not inconsistent therewith as may be agreed upon; 
        provided, that, except for such use of such property for armory 
        and military purposes which will be secured to the state as 
        aforesaid, such lease shall be subject to any encumbrance placed 
        upon the property to secure the payment of any bonds issued as 
        herein provided.  No further consideration for such lease shall 
        be required than the payments to be made by the state as 
        provided by subdivisions 3 and subdivision 4.  Otherwise, and so 
        far as it is not inconsistent with the terms and conditions of 
        such lease to the state and so far as will not interfere with 
        the use by the state of such property for armory or military 
        purposes, such corporation may lease, rent, or otherwise make 
        use of such new armory building or any part thereof for such 
        purposes and upon such terms as such corporation may deem 
        proper, and may use the rents and profits therefrom for the 
        purposes herein provided. 
           Sec. 25.  Minnesota Statutes 1996, section 193.148, is 
        amended to read: 
           193.148 [CONVEYANCE TO STATE.] 
           When payment has been made of all indebtedness incurred by 
        such corporation incident to the procurement, erection, 
        equipment, and operation of any armory built under the 
        provisions of sections 193.141 to 193.149, including the payment 
        in full of the principal and interest of all bonds issued by 
        such corporation to cover the cost of such armory or the full 
        repayment of any commission funds expended for the construction 
        of such armory, such corporation shall transfer and convey such 
        armory building and the site thereof to the state of Minnesota, 
        for military purposes, to be administered as are other 
        state-owned armories.  
           Any unencumbered balance then held by the commission 
        accruing to such armory shall be paid over to the adjutant 
        general retained to be applied to the future maintenance, 
        repair, and equipment of such armory, as provided for in section 
        193.29 armories. 
           Sec. 26.  Minnesota Statutes 1996, section 193.29, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RENTALS; PROCEEDS.] The Armory Board may rent an 
        armory to entities or individuals under terms and conditions the 
        board determines, but rentals may not conflict with the use of 
        the armory for military purposes.  The proceeds of rentals and 
        all other income accruing to each armory constitutes the Armory 
        Fund and shall must be applied by the Armory Board of each 
        armory, as the adjutant general shall direct, for the its 
        maintenance, extension, improvement, and equipment thereof;, but 
        all armory funds and all allowances from the state accruing to 
        commission-owned armories shall must be paid to the commission.  
           Sec. 27.  [REPEALER.] 
           Minnesota Statutes 1996, sections 190.13; 190.29; 192.36; 
        192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 
        2, are repealed. 
           Presented to the governor April 7, 1997 
           Signed by the governor April 8, 1997, 10:27 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569