2002 Minnesota Statutes

     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