2001 Minnesota Statutes

CHAPTER 193. Armories

  193.01-193.13 Repealed, 1947 c 133 s 10; 1949 c 459 s 4 

     193.139 Definitions.  

    Subdivision 1.    Scope.  For the purposes of sections 
 193.141 to 193.149, the terms defined in this section have the 
 meanings ascribed to them.  

    Subd. 2.    Municipality.  "Municipality" includes 
 cities.  

    Subd. 3.    Corporation.  "Corporation" means the 
 Minnesota state armory building commission created as a 
 corporation by section 193.142, subdivision 1.  

    Subd. 4.    Armory.  "Armory" means a building, vehicle 
 storage compound, organizational maintenance shop, or other 
 facility permanently used by the national guard for the storage 
 and maintenance of arms and military equipment, and the training 
 of national guard personnel.  

    HIST: 1955 c 18 s 1; 1973 c 123 art 5 s 7; 1974 c 95 s 1 

  193.14 Repealed, 1947 c 133 s 10; 1949 c 459 s 4 

     193.141 Construction of armories. 

    Subdivision 1.    Construction by counties or 
 municipalities.  In any county or municipality of this state 
 in which there shall at the time be stationed one or more units 
 of the national guard, and in which the adjutant general shall 
 deem it necessary or expedient to construct an armory, an armory 
 may be constructed and the cost thereof paid as hereinafter 
 provided. 

    Subd. 2.    Construction on state military camping 
 grounds.  Whenever the adjutant general shall deem it 
 necessary or expedient that an armory be constructed upon a 
 state military camping ground, to be used principally by any 
 unit or units of the national guard stationed at a municipality 
 in the vicinity thereof, such armory may be constructed and the 
 cost thereof paid in the manner hereinafter provided for the 
 construction of armories in municipalities. 

    HIST: 1947 c 133 s 1; 1955 c 18 s 2; 1969 c 40 s 1; 1977 c 11 
 s 5; 1987 c 384 art 2 s 48 

     193.142 Minnesota state armory building commission. 

    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 national guard of the 
 state above the grade of 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. 

    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 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. 

    Subd. 3.    Trustee in certain cases.  In case at any 
 time all or all but one of the 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 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. 

    Subd. 4.    Continuation.  The Minnesota state armory 
 building commission, authorized by subdivisions 1, 2, and 3, 
 constitutes a continuation of the commission authorized by 
 Minnesota Statutes 1945, section 193.13, and not a new 
 authority, for the purpose of succession to all rights, powers, 
 duties, and obligations of the commission as they existed at the 
 time of the passage of Laws 1947, chapter 133, except as amended 
 by Laws 1947, chapter 133, with the same force and effect as if 
 such functions, powers, and duties had not been transferred. 

    HIST: 1947 c 133 s 2; 1949 c 459 s 3; 1977 c 11 s 6; 1986 c 
 444; 1997 c 24 s 15-17 

     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 $15,000,000. 

    (4) To provide partnerships with federal and state 
 governments and to match federal and local funds, when available.

    (5) To sue and be sued. 

    (6) 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. 

    (7) 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. 

    (8) 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. 

    (9) 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. 

    (10) To adopt and use a corporate seal. 

    (11) 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. 

    (12) Such corporation shall issue no stock. 

    (13) 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. 

    (14) 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. 

    (15) 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. 

    (16) 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. 

    HIST: 1947 c 133 s 3; 1949 c 459 s 2; 1955 c 18 s 3; 1963 c 
 183 s 1; 1977 c 11 s 7; 1977 c 219 s 1; 1985 c 248 s 70; 1986 c 
 444; 1988 c 710 s 1; 1997 c 24 s 18; 2000 c 492 art 1 s 57 

  193.1431 Repealed, 1977 c 219 s 4 

     193.144 Site. 

    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.  

    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.  

    Subd. 3.    Outstanding ownership or interest.  In case 
 any person or corporation except such county, municipality or 
 board of park commissioners or other governmental agency 
 hereinbefore referred to shall own any lands required for such 
 site, whether provided under subdivision 2 or under this 
 section, or any interest in any such lands which would interfere 
 with the use thereof by the state for armory or military 
 purposes, such county or municipality or such board of park 
 commissioners or other governmental agency may acquire such 
 lands or interest by purchase, gift, or condemnation and may 
 convey the same by way of gift or sale to such corporation; 
 provided, that notwithstanding any such outstanding ownership or 
 interest, such corporation may, in its discretion, with the 
 approval of the adjutant general, accept a conveyance of such 
 lands and interests in lands for such site as may be owned or 
 controlled by such county, municipality, board of park 
 commissioners, or other governmental agency, and may acquire by 
 purchase, gift, or condemnation any further lands or interests 
 in lands that may be required for such site.  

    Subd. 4.    Eminent domain.  The governing body of such 
 county or municipality and such board of park commissioners and 
 any other governmental agency concerned shall have power to 
 exercise the right of eminent domain in the manner provided by 
 chapter 117, for the purpose of acquiring any lands or interests 
 in lands authorized to be acquired as aforesaid.  

    Subd. 5.    Lease of lands by state to corporation.  In 
 the event that the state of Minnesota shall own any lands or 
 interest in lands included in the site of such existing armory 
 and required for site of such new armory, such lands or interest 
 therein shall be leased by the state to such corporation for a 
 period of not exceeding 40 years without any consideration other 
 than the use of such property by the state for armory or 
 military purposes as herein provided and the provision hereof 
 for the conveyance to the state of the new armory building and 
 the site thereof.  The adjutant general shall have power to 
 execute such lease to such corporation in the name of the state; 
 provided, that such corporation shall have no power to mortgage 
 or encumber any lands or interest so leased to it by the state 
 except to the extent of such leasehold interest and subject to 
 the conditions and limitations herein prescribed.  

    Subd. 6.    Disposal of unused site.  In case any land 
 acquired for armory site purposes hereunder has been donated to 
 such corporation or to the state of Minnesota 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 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.  The adjutant general may reconvey the property in 
 less than ten years, if the adjutant general determines that the 
 corporation or the state has no further interest in the property.

    HIST: 1947 c 133 s 4; 1955 c 18 s 4; 1969 c 40 s 2-6; 1971 c 
 298 s 1; 1997 c 24 s 19-21; 1Sp2001 c 10 art 2 s 65 

     193.145 Funds for construction of armory; tax levy. 

    Subdivision 1. Repealed, 1996 c 310 s 1 

    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.  

    Subd. 3. Repealed, 1987 c 384 art 2 s 113 

    Subd. 4.    Payments by adjutant general.  Whether or 
 not bonds are issued, 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. 

    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 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. 

    HIST: 1947 c 133 s 5; 1963 c 183 s 2,3; 1969 c 40 s 7; 1973 c 
 583 s 13; 1973 c 773 s 1; 1977 c 11 s 9; 1977 c 219 s 2; 1986 c 
 444; 1987 c 384 art 2 s 49; 1989 c 277 art 4 s 18; 1994 c 505 
 art 3 s 5; 1997 c 24 s 22-24; 1Sp2001 c 10 art 2 s 66 

     193.146 Issuance of bonds. 

    Subdivision 1.    Authority to issue.  In anticipation 
 of the receipt of such corporation of the tax proceeds, 
 appropriations, rents, and profits specified in section 193.145, 
 and of income from any other source, and for the purpose of 
 securing funds as needed for payment of the cost of such new 
 armories and for other purposes herein authorized, such 
 corporation is hereby authorized to issue its bonds bearing 
 interest at a rate not to exceed the maximum prescribed by 
 section 475.55, payable semiannually. 

    Subd. 2.    Limitation.  Such bonds shall be of such 
 date, denomination, place of payment, form, and details as may 
 be determined by such corporation not inconsistent with the 
 provisions of sections 193.141 to 193.149.  Such bonds shall 
 mature serially, the first installment to fall due in not more 
 than five years and the last in not more than 40 years from 
 their date, and no annual maturing installment shall exceed by 
 2-1/2 times the amount of the smallest annual maturing 
 installment; provided, that the amount of such installments of 
 principal may be such that the increase thereof from year to 
 year shall approximately equal the decrease from year to year in 
 the interest on the bonds remaining unpaid. 

    Subd. 3.    Execution.  Such bonds shall be signed by 
 the adjutant general, as chair, attested by the secretary, and 
 countersigned by the treasurer of such corporation, and the 
 interest coupons to be thereto attached shall be executed and 
 authenticated by the printed, engraved, or lithographed 
 facsimile signatures of such chair and secretary. 

    Subd. 4.    Sale.  The bonds shall be sold by the 
 corporation under notice and upon the terms and at times as the 
 corporation shall deem best.  The bonds shall not be deemed or 
 construed to be debts of the state of Minnesota or of the county 
 or municipality in which the armory is situated, nor to impose 
 any personal liability upon any member of the corporation, but 
 shall be payable solely out of the income to be received by the 
 corporation as specified herein.  Bonds legally issued pursuant 
 hereto shall be deemed authorized securities within the 
 provisions of section 50.14, and laws supplemental thereto, and 
 shall be proper for the investment of capital, surplus, or 
 deposits of any savings bank or trust company, and for the 
 investment of funds of any insurance company, and for the 
 investment of any sinking funds held by any public or municipal 
 corporation, and may be pledged by any bank or trust company as 
 security for the deposit of public moneys therein in lieu of 
 surety bonds.  The bonds shall be deemed and treated as 
 instrumentalities and obligations of a public governmental 
 agency. 

    HIST: 1947 c 133 s 6; 1969 c 40 s 8; 1977 c 219 s 3; 1980 c 
 607 art 14 s 32; 1983 c 213 s 9; 1986 c 444 

     193.147 Mortgage.  

    To secure the prompt and full payment of such bonds and 
 interest thereon such corporation may mortgage such armory 
 building and the site thereof and may pledge the income or any 
 part thereof receivable by such corporation to any trustee under 
 such provisions that upon default in the payment of the 
 principal or of interest on any such bonds all of such bonds may 
 be declared due and payable, and such mortgage foreclosed in 
 like manner as other mortgages are foreclosed in this state, 
 subject to the provisions of sections 193.141 to 193.149.  The 
 purchaser at any sale upon such foreclosure shall acquire the 
 right of possession and the right to operate such building under 
 such terms and conditions as may be specified in said mortgage 
 and not inconsistent with the use of the property by the state 
 for armory and military purposes, such possession and right of 
 operation to continue until full principal and interest on such 
 bonds or the amount bid upon such foreclosure sale shall have 
 been paid out of the net rents and profits received from such 
 operation or out of moneys otherwise provided as set forth in 
 section 193.145.  Such mortgage or deed of trust may contain any 
 other provisions not inconsistent with the provisions of 
 sections 193.141 to 193.149 or with the use of such building by 
 the state for armory or military purposes as are customarily 
 included for the benefit and protection of the parties to such 
 instruments, including provisions for the insurance thereof, 
 appointment of a receiver in the event of a default by the 
 mortgagor, exemption of the members of such corporation from any 
 personal liability, and other such provisions.  Nothing 
 contained in such mortgage shall be deemed or construed to 
 constitute a liability of the state of Minnesota, nor to impose 
 any personal liability upon any member of such corporation.  
 Such mortgage or deed of trust may be recorded in the office of 
 the appropriate county recorder without the payment of any 
 mortgage registry tax. 

    HIST: 1947 c 133 s 7; 1976 c 181 s 2 

     193.148 Conveyance to state. 

    When payment has been made of all indebtedness incurred by 
 such corporation or of all funds spent by the 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 retained to be applied to the 
 future maintenance, repair, and equipment of armories. 

    HIST: 1947 c 133 s 8; 1997 c 24 s 25; 1Sp2001 c 10 art 2 s 67 

     193.149 Examination of books by the legislative auditor. 

    The books and affairs of such corporation shall be subject 
 to examination by the legislative auditor. 

    HIST: 1947 c 133 s 9; 1973 c 492 s 14; 1977 c 347 s 33 

  193.18 Repealed, 1969 c 40 s 12 

  193.19 Repealed, 1969 c 40 s 12 

  193.20 Repealed, 1969 c 40 s 12 

     193.22 Joint armories and municipal buildings may be 
  erected.  

    Whenever a company of the national guard shall be located 
 in a city wherein no suitable armory has been provided for its 
 use, an armory may be constructed for use jointly by such 
 company or battery and by such city.  The mayor or president of 
 the council of such city and the commanding officer of the 
 company or other unit stationed at such place, or if there be 
 more than one company then the senior officer of the troops of 
 such station, shall constitute a joint armory commission, with 
 power to purchase, erect or rent a suitable site or building for 
 such armory and to furnish and keep the same in repair.  No new 
 armory shall be purchased, erected, or rented under the 
 provisions of this section from and after May 1, 1943, without 
 the approval of the adjutant general.  

    HIST: (2507) 1921 c 506 s 113; 1943 c 108 s 37; 1973 c 123 art 
 5 s 7 

     193.23 May receive state aid.  

    Subdivision 1.    Prerequisites.  Whenever such joint 
 armory commission shall have deposited with the state treasurer 
 at least $1,000 as evidence of good faith and shall have caused 
 to be conveyed to the state of Minnesota by warranty deed, free 
 of encumbrances, the title to the site for an armory, which site 
 shall have been first approved by the adjutant general, such 
 joint armory commission shall be entitled to receive the same 
 amount of state aid as is prescribed by law for other armories, 
 which state aid shall be paid to such joint armory commission in 
 the manner prescribed by the Military Code for state armories.  

    Subd. 2.    Adjutant general to designate uses.  The 
 adjutant general shall designate the place needed for drill 
 hall, office, locker rooms, storage and rifle range, and the 
 immediate control of the portions of the armory so designated 
 shall be vested in the armory board provided for by law, and 
 such portion of such armory shall be subject to the laws of this 
 state relating to armories.  The control of the other portions 
 of such armory shall be vested in the municipal authorities.  

    Subd. 3.    General control of building.  The general 
 control of the building as a whole shall be vested in a 
 committee consisting of two persons, one the commanding officer 
 of the military organization in control of a portion of the 
 armory and the other appointed by the municipality upon such 
 terms as may be agreed upon, provided, any agreement for general 
 control of such armory shall be first approved by the adjutant 
 general.  In case such an agreement is made the state shall 
 furnish the regular appropriation provided for armory 
 maintenance and all other expenses of keeping up the building 
 shall be paid by the municipality.  

    HIST: (2508) 1921 c 506 s 114; 1943 c 108 s 38 

     193.27 Disposition of unused funds.  

    In any county or municipality in this state, however 
 organized, in which there have heretofore been bond issues or 
 tax levies made for the construction of a public armory building 
 in such county or municipality, which armory building has not 
 been constructed and the moneys received from such bonds issued 
 or taxes levied remain unexpended, upon a unanimous vote of the 
 county board or municipal council such funds or any or all 
 thereof may be invested by such county board or municipal 
 council or used and expended by it for any public purpose within 
 such county or municipality.  

    HIST: (2499-2) 1927 c 146 s 1; 1969 c 40 s 9 

     193.29 Control of new armory. 

    Subdivision 1.    Armory board.  The control operation 
 and use of each armory building and grounds occupied by any of 
 the military forces of the state shall be vested in an armory 
 board consisting of officers, warrant officers, or enlisted 
 personnel representing the organization or organizations 
 quartered therein, as hereinafter provided, except that the 
 commission-owned armories which have been or may be constructed 
 or acquired and operated under the provisions of sections 
 193.139 to 193.149, and acts supplementary thereto shall be 
 controlled and operated as provided therein.  

    Subd. 2.    Composition of board.  For each armory 
 occupied by a single company or other unit the armory board 
 shall consist of senior officers, warrant officers, or enlisted 
 personnel of the unit quartered therein.  

    Subd. 3.    Joint boards.  In all cases in which more 
 than one company or other unit of the military forces shall 
 occupy the same armory, the armory board shall consist of 
 officers assigned to the units or organizations quartered 
 therein.  The adjutant general shall designate by order from 
 time to time the representatives of each unit quartered therein 
 to comprise the armory board for each armory.  In the discretion 
 of the adjutant general, the membership of the board may be 
 comprised of officers, warrant officers, and enlisted personnel 
 and may be changed from time to time so as to give the several 
 organizations quartered therein proper representation on the 
 board. 

    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 must be applied by the Armory 
 Board of each armory, as the adjutant general shall direct, for 
 its maintenance, extension, improvement, and equipment, but all 
 armory funds and all allowances from the state accruing to 
 commission-owned armories must be paid to the commission.  

    HIST: (2506) 1921 c 506 s 112; 1943 c 108 s 36; 1947 c 125 s 
 13; 1965 c 114 s 3; 1986 c 444; 1997 c 24 s 26; 1999 c 46 s 3-5 

     193.30 Commanding officers of armory board.  

    The senior officer on each armory board shall be the chair, 
 and the junior officer thereof shall be the recorder.  A record 
 of the proceedings of the board shall be kept, and all motions 
 offered, whether seconded or not, shall be put to a vote and the 
 result recorded.  In the case of a tie vote the adjutant 
 general, upon the request of any member, shall decide.  The 
 governor may make and alter rules for the government of armory 
 boards, officers, and other persons having charge of armories, 
 arsenals, or other military property of the state.  

    HIST: (2509) 1921 c 506 s 115; 1943 c 108 s 39; 1985 c 248 s 
 70; 1986 c 444 

     193.31 Senior officer to control drill hall.  

    The senior officer of any company or other organization 
 assembling at an armory for drill or instruction shall have 
 control of the drill hall or other portion of the premises used 
 therefor during such occupancy, subject to the rules prescribed 
 for its use and the orders of that officer's superior.  Any 
 person who intrudes contrary to orders, or who interrupts, 
 molests, or insults any troops so assembled, or who refuses to 
 leave the premises when properly requested so to do, shall be 
 guilty of a misdemeanor.  Nothing in this section shall prevent 
 reasonable inspection of the premises by the proper municipal 
 officer, or by the lessor thereof in accordance with the terms 
 of the lease. 

    HIST: (2510) 1921 c 506 s 116; 1943 c 108 s 40; 1986 c 444 

  193.32 Repealed, 1963 c 436 s 2 

  193.33 Repealed, 1971 c 202 s 11 

     193.331 Introduction of spirituous and other liquors in 
  armories.  

    Except with the express consent and in accordance with the 
 rules of the adjutant general, every person who introduces a 
 spirituous, vinous, or malt liquor into an armory or arsenal, 
 unless under prescription of a medical officer of the guard and 
 only for medical purposes is guilty of a misdemeanor.  

    HIST: 1971 c 202 s 10; 1985 c 248 s 70 

     193.34 Use of armories by patriotic and service member's 
  organizations.  

    The use of armories for the regular meetings or functions 
 of those patriotic societies or recognized military service 
 members organizations holding charters from Congress or 
 incorporated in this state shall be granted by the armory board 
 or officer in charge of any armory at such times and under such 
 circumstances as not to interfere with the use of the armory for 
 military purposes by the company or companies quartered therein, 
 subject to the armory rules as are in force governing the use of 
 such armories.  

    HIST: (2516) 1921 c 506 s 122; 1927 c 414 s 1; 1985 c 248 s 
 70; 1986 c 444 

  193.35 Repealed, 1983 c 301 s 235 

     193.36 Unused armories. 

    Subdivision 1.    Adjutant general may close.  Whenever 
 the unit or units of the military forces of the state which are 
 quartered in an armory acquired or erected in whole or in part 
 by state funds have been called or ordered into federal service 
 or have been mustered out of the service of the state, and there 
 is no immediate prospect that a new military unit will be 
 organized in the place where the armory is located, the adjutant 
 general shall immediately take possession of and close the same, 
 and shall not permit its use for other than military purposes 
 except as otherwise provided by law. 

    Subd. 2.    May sell and convey property in certain cases. 
  In any case when the adjutant general finds it advantageous 
 for military training, the adjutant general may sell and convey 
 property to the municipality or county in which the property is 
 located at a price to be determined by an appraiser to be 
 selected by the adjutant general.  The money received must be 
 credited to the general fund and is appropriated to the adjutant 
 general to be used:  (1) as a contribution for the construction 
 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 the 
 commission.  If the money received is not expended for the 
 purposes stated in this subdivision within ten years after the 
 old armory has been sold, the appropriation to the adjutant 
 general as provided in this subdivision lapses.  In the event 
 that both the municipality and the county desire to purchase the 
 armory, the municipality must be given first priority to 
 purchase the armory. 

    If the municipality or county does not purchase the 
 property after a reasonable opportunity, the adjutant general 
 may sell and convey it to any person after a public sale of the 
 property by first advertising for bids or proposals for three 
 consecutive weeks in a newspaper of general circulation in the 
 area that the property is located and accepting the proposal 
 most favorable to the department.  The adjutant general may 
 reject all proposals.  The proceeds of the sale must be credited 
 as provided in this subdivision.  The adjutant general may lease 
 any armory remaining unsold to the municipality for public 
 purposes. 

    Subd. 3.    May dispose of unsuitable armories sites and 
 buildings.  The adjutant general with the approval of the 
 governor, may sell and convey on behalf of the state any state 
 armory sites and buildings which in the judgment of the adjutant 
 general are unsuitable for military purposes or which have been 
 condemned by proper authority as unsafe.  Money received from 
 the sale of such armories shall be paid into the state treasury 
 and credited to the general fund. 

    HIST: (2505) 1921 c 506 s 111; 1943 c 108 s 35; 1963 c 183 s 
 4; 1969 c 40 s 10; 1969 c 399 s 49; 1973 c 492 s 14; 1977 c 11 s 
 10; 1978 c 477 s 1; 1984 c 442 s 7; 1995 c 186 s 49; 1996 c 299 
 s 1 

     193.37 Counties containing city of first class; 
  application.  

    Laws 1969, chapter 40, sections 1 to 10, authorizing county 
 participation shall not apply to any county containing a city of 
 the first class.  

    HIST: 1969 c 40 s 11 

     193.38 City facilities shared with armories. 

    A home rule charter or statutory city in which an armory 
 has been or may be constructed may, by resolution of its 
 governing body and with the concurrence of the Minnesota state 
 armory building commission, provide for the acquisition, 
 construction, or improvement of city owned facilities related to 
 the armory.  The city may acquire property for the purposes of 
 this section pursuant to chapter 117.  General obligation bonds 
 may be issued pursuant to chapter 475 except as provided in this 
 section for the acquisition, construction, or improvement in an 
 amount that does not exceed the value of the commission's 
 investment in the armory property.  Before issuance of bonds, 
 the city shall give three weeks' published notice.  If a number 
 of voters in the city equal to ten percent of those who voted 
 for candidates for governor at the last gubernatorial election 
 present a petition within six weeks of the first published 
 notice to the city clerk requesting that the matter be submitted 
 to popular vote, it shall be submitted at the next regular 
 election.  

    If a majority of those voting on the question approve it or 
 if no petition is presented within the prescribed time, the city 
 may issue the bonds and levy a tax for the purpose of this 
 section in accordance with section 475.61.  The city and the 
 Minnesota state armory building commission may contract for the 
 purpose of allocating the use and occupancy of the joint 
 facility.  The city may enter into other leases and contracts 
 concerning the use and occupancy of the city owned portion of 
 the joint facility with any other unit of government or 
 political subdivision, their agencies, or any nonprofit 
 corporation.  

    HIST: 1982 c 484 s 1