2007 Minnesota Statutes

CHAPTER 190. MILITARY FORCES

POLICY STATEMENT

190.001 POLICY STATEMENT.
In recognition of the necessity of maintaining a strong military force for the protection
and survival of this state and nation and of free and democratic allied societies throughout the
world, and of the numerous and varied sacrifices required of military personnel and their families
both in peacetime and war, and of the exemplary character, courage, leadership, and training of
United States armed forces personnel of all generations, it is the policy of the state of Minnesota
to promulgate, implement, and maintain laws, policies, rules, and procedures, insofar as is
practicable and beneficial to the people of this state and within available resources as may exist
at any time, that encourage, recognize, and reward honorable military service to this state and
nation, whether in regular active service or in the National Guard or other reserve component
service, during both peacetime and war. This includes, but is not limited to, policies supportive
of the physical and mental health needs of returning veterans.
History: 2006 c 273 s 5

GENERAL PROVISIONS

190.01 MILITARY CODE.
Chapters 190 to 193 shall be known as the Military Code.
History: (2395) 1921 c 506 s 1

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.
History: (2407) 1921 c 506 s 13; 1927 c 339 s 1; 1985 c 248 s 70; 1986 c 444; 1993 c
27 s 1; 1997 c 24 s 1

190.025 FRESH PURSUIT.
    Subdivision 1. Entry into other states. In case the United States is at war or in case of any
other emergency declared by the president or the Congress of the United States or by the governor
or the legislature of this state, any organization, unit, or detachment of the military forces of
this state, by direction of the governor and upon order of the officer in immediate command
thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces
beyond the borders of this state into another state until they are apprehended or captured by
such organization, unit, or detachment, or until the military or police forces of such other state
or the forces of the United States have had a reasonable opportunity to take up the pursuit or to
apprehend or capture the persons pursued, provided such other state shall have given authority by
law for such pursuit by such forces of this state. Except as otherwise provided by law, any person
who shall be apprehended or captured in another state by any of the forces of this state shall
without unnecessary delay be surrendered to the military or police forces of the state in which the
person is taken or to the United States, but such surrender shall not constitute a waiver by this
state of its right to extradite or prosecute such person for any crime committed in this state.
    Subd. 2. Military forces of other states may enter state. Any military forces of another
state who are in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces may
continue such pursuit into this state until the military or police forces of this state or the forces
of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or
capture the persons pursued, and the pursuing forces may arrest or capture such persons within
this state while in fresh pursuit. Any such person who shall be captured or arrested by the military
forces of such other state while in this state shall without unnecessary delay be surrendered to the
military or police forces of this state to be dealt with according to law.
    Subd. 3. Construction of section. This section shall not be construed so as to make unlawful
any arrest in this state which would otherwise be lawful, nor to repeal or prevent the application
of any of the provisions of the Uniform Act on the Fresh Pursuit of Criminals.
History: 1943 c 108 s 8; 1986 c 444

190.03 LAWS TO CONFORM TO UNITED STATES REGULATIONS.
The intent of the Military Code and all acts of the state affecting the military forces is to
conform to all acts and regulations of the United States affecting the same subjects, except as
otherwise expressly provided by chapter 192A with respect to military justice, and all acts of the
state shall be construed to effect this purpose, and anything to the contrary shall be held to be null
and void as long as the subject matter shall have been acted on by the United States; and upon
any subject not acted upon with reference to these matters by United States authority, any act
of the state shall be in full force and effect.
History: (2396) 1921 c 506 s 2; 1971 c 202 s 1

190.04 ARMED FORCES REGULATIONS TO GOVERN.
All matters relating to the organization, discipline, and government of the military forces
not otherwise provided for in the Military Code shall be decided by the custom, regulations, and
usage of the armed forces of the United States.
History: (2398) 1921 c 506 s 4; 1963 c 550 s 1

190.05 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of the Military Code, the terms defined in this section
have the meanings given them in this section unless the context clearly indicates otherwise.
    Subd. 2. Department of Military Affairs; Military Department. The "Department of
Military Affairs" or "Military Department" is comprised of and includes the military forces of the
state, the Office of the Adjutant General, all military reservations, military installations, armories,
air bases, and facilities owned or controlled by the state for military purposes, and civilians
employed by the state for the administration of the Military Department.
    Subd. 3. Military forces. The term "military forces" includes the National Guard, the State
Guard, and any other organizations or components of the organized militia as may be authorized
by state or federal law.
    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.
    Subd. 4. National Guard. The term "National Guard" includes the Army National Guard
and the Air National Guard.
    Subd. 5. Active service. "Active service" means either state active service, federally funded
state active service, or federal active service.
    Subd. 5a. State active service. "State active service" excludes federal active service and
federally funded state active service and includes service or duty:
(1) on behalf of the state in case of actual or threatened public disaster, war, riot, tumult,
breach of the peace, resistance of process, or whenever called upon in aid of state civil authority;
(2) at encampments ordered by state authority;
(3) otherwise ordered or requested by state authority and requiring the time of the
organization or person; or
(4) travel to or from service or duty under clause (1), (2), or (3).
    Subd. 5b. Federally funded state active service. "Federally funded state active service"
means service or duty under United States Code, title 32, as amended through December 31,
1983, and travel to or from that service or duty.
    Subd. 5c. Federal active service. "Federal active service" excludes federally funded state
active service and means service or duty under United States Code, title 10, as amended through
December 31, 1983, other service or duty as may be required by the law, regulation, or order of
the United States government, and travel to or from that service or duty.
    Subd. 6. Enlisted member. The term "enlisted member" includes enlisted members in the
Army National Guard and airmen of the Air National Guard.
    Subd. 6a. Officer. "Officer" includes commissioned officers and commissioned warrant
officers in the Army National Guard and the Air National Guard.
    Subd. 7. Federal definitions. Unless otherwise stated, all terms, organizational designations,
and titles contained in the Military Code have the same meaning as like terms, organizational
designations, and titles in federal law and regulations.
History: (2397) 1921 c 506 s 3; 1943 c 108 s 1; 1947 c 125 s 1; 1963 c 658 s 1; 1971 c 202 s
2; 1977 c 11 s 1; 1983 c 193 s 3-5; 1983 c 301 s 159-161; 1986 c 444; 1997 c 24 s 2,3

190.055 PROTECTIONS.
(a) A person called or ordered to active service, as defined in section 190.05, subdivision 5a
or 5b, has all the protections afforded to persons in the military service of the United States under:
(1) the Service Members Civil Relief Act, United States Code, Appendix 50, sections 501 to
548, and 560 to 591, as amended at any time; and
(2) the Uniformed Services Employment and Reemployment Rights Act, United States
Code, title 38, sections 4301 to 4333, as amended at any time.
(b) The acts referenced in paragraph (a), clauses (1) and (2), may be cited as the "SCRA" and
"USERRA," respectively.
History: 2002 c 284 s 1; 2006 c 273 s 6

190.06 MILITIA; MEMBERS; EXEMPTIONS.
    Subdivision 1. Composition. The militia shall consist of:
(1) all able-bodied citizens of the state and other able-bodied persons residing in the state
who have or shall have declared their intention to become citizens of the United States, when so
authorized by federal law, who comply with the minimum age requirements for federal regular
military service under United States Code, title 10, section 505, and who are not more than 45
years of age; provided, that the governor may, when the governor deems it necessary for the
defense of the state, extend the maximum age for militia service to not more than 64 years; and
(2) persons who enlist in, are commissioned in, or are otherwise appointed to the Minnesota
National Guard in accordance with applicable federal law and regulation, including enlisted
members, warrant officers, and commissioned officers.
    Subd. 2. Classes. The militia shall be divided into two classes, the organized militia and the
unorganized militia. The organized militia shall consist of the following:
(1) the National Guard;
(2) the State Guard, which shall comprise all organized components of the militia except
the National Guard.
The unorganized militia shall consist of all other members of the militia.
    Subd. 3. Noncombatant service. The governor may authorize the appointment or enlistment
of citizens of the state and all other persons, who have or shall have declared their intention to
become citizens of the United States, in the medical corps and other noncombatant branches and
services of the organized militia, and while so serving they shall have the same status as members
of the military forces.
    Subd. 4. Exemptions from military duty. The officers, judicial and executive, of the
government of the United States and of the states; persons in the military or naval service of the
United States; custom house clerks, persons employed by the United States in the transmission of
the mail; artificers and workers employed in the armories, arsenals, and navy yards of the United
States; pilots and mariners actually employed in the sea service of any citizen or merchant within
the United States, shall all be exempt from militia duty without regard to age, and all persons
who because of religious beliefs shall claim exemption from military service if the conscientious
holding of such belief by such person shall be established under such regulations as the President
of the United States shall prescribe, shall be exempt from militia service in a combatant capacity;
but no person so exempted shall be exempt from militia service in any capacity that the President
of the United States shall declare to be noncombatant.
History: (2399) 1921 c 506 s 5; 1939 c 175 s 1; 1943 c 108 s 2; 1977 c 11 s 2; 1984 c 609
s 13; 1986 c 444; 2000 c 283 s 1,2; 1Sp2001 c 10 art 2 s 62

THE ADJUTANT GENERAL

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
National Guard of this state or the armed forces 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 at least the rank of major general and may be promoted to and
including the highest rank authorized under federal law. However, the adjutant general may not be
promoted to the rank of major general without having at least 20 years service in the Minnesota
National Guard, at least one of which 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.
History: (2408) 1921 c 506 s 14; 1927 c 339 s 2; 1939 c 175 s 3; 1943 c 108 s 9; 1953 c
269 s 1; 1984 c 442 s 1; 1986 c 444; 1989 c 11 s 1; 1989 c 335 art 1 s 181; 1997 c 24 s 4;
1Sp2001 c 10 art 2 s 63

190.08 MILITARY STAFF; ACTIVE DUTY ORDERS; PAY AND ALLOWANCES.
    Subdivision 1. Assistant adjutants general. The adjutant general, with the approval of the
governor, may appoint from among the field officers and general officers of the National Guard
two assistant adjutants general for Army National Guard and one assistant adjutant general for
Air National Guard who, if otherwise qualified, may be appointed to general officer grade. An
assistant adjutant general 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.
    Subd. 1a. Executive director. The adjutant general may appoint an executive director of
the Department of Military Affairs. The executive director shall serve at the pleasure of the
adjutant general.
    Subd. 2. Other appointments. The adjutant general also may appoint from among the
officers of the National Guard a state quartermaster, a commander for each state-owned military
reservation or military installation, and such other officers as may be required for the state staff.
    Subd. 3. Order to state active service. The adjutant general may order to state active
service, with their consent, current or former officers, warrant officers, and enlisted personnel
of the National Guard of the state required for the full time administration of the Military
Department. Except for those appointed under subdivisions 1 and 2, they may not be removed
from office after one year of active service except for cause, reduction in force, or withdrawal of
federal recognition, as long as they remain active members of the military forces of the state.
    Subd. 4. Order to temporary active service. In case of war, riot, insurrection, emergency,
or when otherwise authorized by the governor, the adjutant general may order to temporary
active service additional officers, warrant officers, and enlisted personnel of the National Guard,
including retired personnel, as may be necessary. Personnel do not acquire any of the rights to
office under subdivision 3 while performing temporary active service. When their services are
no longer required they shall be relieved from active service.
    Subd. 5. Civilian employees. In addition to the officers, warrant officers, and enlisted
members ordered to active service the adjutant general may employ such civilian administrative,
clerical, maintenance, and caretaker personnel as are necessary for administration of the Military
Department.
    Subd. 6. Pay and allowances. The adjutant general shall receive the pay and allowances
provided by law for an officer of similar rank and length of service in the armed forces of the
United States. All other officers, warrant officers, and enlisted members in active service on
the staff of the adjutant general shall receive the pay and allowances prescribed for personnel
of similar grade and length of service in the armed forces of the United States subject to the
following provisions: (1) the adjutant general by general orders may establish for pay purposes
the grade authorized for any staff position; and (2) members may be paid any additional pay
authorized by section 192.49.
History: (2460) 1921 c 506 s 66; 1927 c 339 s 12; 1939 c 175 s 11; 1943 c 108 s 30; 1947 c
125 s 2; 1963 c 658 s 2; 1984 c 442 s 2-4; 1985 c 36 s 1; 1986 c 444; 1989 c 23 s 1; 1990 c 594
art 1 s 60; 1998 c 254 art 1 s 62; 1999 c 46 s 1

190.081 [Repealed, 1982 c 560 s 65]

190.09 POWERS, DUTIES.
    Subdivision 1. Official duties. The adjutant general shall be the chief of staff to the
commander-in-chief and the administrative head of the Military Department. The adjutant general
shall have an office in the Capitol and keep it open during the usual business hours.
The adjutant general shall have custody of all military records, correspondence, and other
military documents. The adjutant general shall be the medium of military correspondence with the
governor and perform all other duties pertaining to that office prescribed by law. The adjutant
general shall make an annual report to the governor, at such time as the governor may require,
of all the transactions of the Military Affairs Department, setting forth the number, strength and
condition of the National Guard, and such other matters as deemed important and shall make and
transmit to the federal government the returns required by the laws of the United States. The
adjutant general shall, whenever necessary, cause the Military Code, orders and rules of the state
to be printed and distributed to the commissioned officers and the several organizations of the
National Guard and 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 that office and
shall be delivered to the successor in that office. All orders issued from the Adjutant General's
Office shall be authenticated with that seal. The adjutant general shall attest all commissions
issued to military officers. The adjutant general will superintend the preparation of all returns and
reports required by the United States from the state on military matters.
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 that officer's 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.
    Subd. 2. Mission; efficiency. It is part of the department's mission that within the
department's resources the adjutant general shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
History: (2440, 4385) RL s 1856; 1921 c 506 s 46; 1927 c 102 s 1; 1931 c 363 s 6; 1943
c 108 s 42; 1963 c 658 s 3; 1984 c 442 s 5; 1985 c 248 s 70; 1986 c 444; 1995 c 248 art 11 s
14; 1998 c 366 s 60

190.095 [Repealed, 1982 c 560 s 65]

190.096 BATTLE FLAGS; REPAIR.
    Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota Statutes
1961, chapters 16 and 43, the adjutant general or the Minnesota Historical Society may contract
for the repair, restoration, and preservation of regimental battle flags, standards, and guidons
with persons or corporations skilled in such repair, restoration, and preservation, upon terms or
conditions the adjutant general or the Minnesota Historical Society deems proper.
    Subd. 2. Surrender. Notwithstanding the provisions of this section or section 190.09, the
adjutant general or the Minnesota Historical Society may, for the purposes of this section,
surrender the immediate custody and control of regimental battle flags, standards, and guidons
under conditions and safeguards the adjutant general or the Minnesota Historical Society deems
necessary and proper, for such time as is reasonably necessary for their restoration, after which
they shall at once be again properly stored or displayed. The adjutant general or the Minnesota
Historical Society shall provide adequate storage and display space for flags, standards, and
guidons which have been repaired and restored.
    Subd. 3. Battle flags; care and control. (a) The flags and colors carried by Minnesota troops
in the Civil War, Indian Wars, and the Spanish-American War shall be preserved under the care
and control of the Minnesota Historical Society. They shall be suitably encased and marked, and,
so far as the historical society may deem it consistent with the safety of the flags and colors,
they shall be publicly displayed in the capitol.
    (b) The flags and colors carried by Minnesota troops in subsequent wars shall be preserved
under the care and control of the adjutant general. They shall be suitably encased and marked,
and, so far as the adjutant general may deem it consistent with the safety of the flags and colors,
shall be publicly displayed.
History: 1983 c 193 s 6; 1986 c 444; 2007 c 135 art 8 s 1

190.10 [Repealed, 1996 c 310 s 1]

190.11 CAMP GROUNDS AND MILITARY RESERVATIONS.
The adjutant general shall have charge of the camp grounds and military reservations of the
state and shall be responsible for the protection and safety thereof, and promulgate rules for the
maintenance of order thereon, for the enforcement of traffic rules and for all other lawful rules as
may be ordered for the operation, care and preservation of existing facilities and installations on
all state military reservations.
The adjutant general shall keep in repair all state buildings, and other improvements thereon,
including water pipes laid by the state on highways leading thereto and of all military property
connected with the grounds and may make such further improvements thereon as the good of
the service requires.
Private property may be acquired by condemnation, upon the application of the adjutant
general, for camp ground, rifle range, and other military purposes. All damages, cost, and expense
incurred in condemning such property shall be paid by the commissioner of finance, upon
certificate of the adjutant general, from any unexpended balance of the military fund after meeting
the demands of the National Guard.
History: (2450) 1921 c 506 s 56; 1927 c 339 s 9; 1939 c 175 s 9; 1973 c 492 s 14; 1985 c
248 s 70; 1986 c 444; 2003 c 112 art 2 s 27

190.115 [Repealed, 1971 c 202 s 11]

190.12 [Repealed, 1971 c 202 s 11]

190.13 [Repealed, 1997 c 24 s 27]

190.16 ADDITIONAL POWERS OF ADJUTANT GENERAL.
    Subdivision 1. Cooperation with United States government. The adjutant general may
cooperate with the government of the United States or any agency or department thereof in 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 and to comply with the provisions of the laws of the United States and any
rules and regulations made thereunder for the expenditure of federal moneys for the military
forces of the state.
    Subd. 2. Acceptance of money. The adjutant general may accept 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.
    Subd. 3. Contracts; agreements. When prescribed or required by the laws of the United
States and any rules or regulations made thereunder, and notwithstanding any state law to the
contrary, the adjutant general shall be the contracting officer for any construction, improvement or
maintenance program or project financed either in whole or in part by moneys made available by
the federal government and may execute agreements and contracts for and in behalf of the state
therefor, including a dedication of the primary use and purpose of such buildings, air bases, roads,
utilities or other structures or facilities required in the training, housing, and maintenance of the
military forces of the state for periods up to and including 25 years.
    Subd. 4. Disbursement of money. All moneys accepted for disbursement by the adjutant
general pursuant to the terms of this section shall, if not required by federal law or rules or
regulations made thereunder to be disbursed by a United States property and fiscal officer, be
deposited in the state treasury and, unless otherwise prescribed by the authority from which the
money is received, kept in separate funds, designated according to the purposes for which the
moneys were made available and held by the state in trust for such purposes. All such moneys are
hereby appropriated for the purposes for which the same were made available to be expended in
accordance with the laws of the United States and rules and regulations made thereunder. The
adjutant general, when acting for the state of Minnesota, or when requested by the United States
government or any agency or department thereof, shall disburse such moneys for the designated
purposes but this shall not preclude any other authorized method of disbursement.
    Subd. 5. Limited personal liability. Nothing in this section shall be construed as creating
any personal liability upon the adjutant general when acting pursuant to this section.
    Subd. 6. Property leases. Notwithstanding the provisions of any law to the contrary, the
adjutant general, with the approval of the governor, may lease any lands now owned or hereafter
acquired by the state for the training, housing, and maintenance of its military forces or any part
thereof to the United States of America for military and national defense purposes upon such
terms as they deem proper providing, however, that no such lease shall in any way interfere with
the training, housing and maintenance of the military forces of this state.
    Subd. 6a. Rental of Camp Ripley facilities. The adjutant general or the adjutant general's
designee may rent buildings or other facilities at Camp Ripley to persons under terms and
conditions specified by the adjutant general or designee. Subject to any prohibitions or restrictions
in any agreement between the United States and the state of Minnesota, proceeds of rentals under
this subdivision must be applied as follows:
(1) payment of increased utilities, maintenance, or other costs directly attributable to the
rental;
(2) other operating and maintenance or repair costs for the building or facility being rented;
and
(3) maintenance and improvement of buildings or other facilities at Camp Ripley.
Rentals under this subdivision must be made under terms and conditions that do not conflict with
the use of Camp Ripley for military purposes.
    Subd. 7. Delegation of contract authority. The adjutant general may delegate to subordinate
employees the exercise of contract execution and administration authority which the adjutant
general holds under a delegation by the commissioner of administration pursuant to section
16B.05, subdivision 1. A delegation by the adjutant general must be made by written order, filed
with the secretary of state.
History: 1957 c 242 s 1,2; 1987 c 36 s 1; 1997 c 24 s 5; 2005 c 156 art 4 s 1

190.17 STATE PERSIAN GULF WAR RIBBON.
From money appropriated for the purpose, the adjutant general shall issue a state ribbon to
each Minnesota resident who is a member of the Minnesota Army or Air National Guard who has
been called to active duty to participate in Operation Desert Shield, Operation Desert Storm, or
any other military operation that is part of the war in the Persian Gulf region. The adjutant general
may adopt rules necessary to implement this section. In the case of other reservists ordered to
active duty, a certificate replica of the state ribbon will be rendered.
History: 1991 c 293 s 1

190.19 MINNESOTA "SUPPORT OUR TROOPS" ACCOUNT.
    Subdivision 1. Establishment. The Minnesota "Support Our Troops" account is established
in the special revenue fund. The account shall consist of contributions from private sources
and appropriations.
    Subd. 2. Uses. (a) Money appropriated from the Minnesota "Support Our Troops" account
may be used for:
(1) grants directly to eligible individuals;
(2) grants to one or more eligible foundations for the purpose of making grants to eligible
individuals, as provided in this section; or
(3) veterans' services.
(b) The term, "eligible individual" includes any person who is:
(1) a member of the Minnesota National Guard or a reserve unit based in Minnesota who has
been called to active service as defined in section 190.05, subdivision 5;
(2) a Minnesota resident who is a member of a military reserve unit not based in Minnesota,
if the member is called to active service as defined in section 190.05, subdivision 5;
(3) any other Minnesota resident performing active service for any branch of the military
of the United States;
(4) a person who served in one of the capacities listed in clause (1), (2), or (3) who has
current financial needs directly related to that service; and
(5) a member of the immediate family of an individual identified in clause (1), (2), (3), or (4).
For purposes of this clause, "immediate family" means the individual's spouse and minor children
and, if they are dependents of the member of the military, the member's parents, grandparents,
siblings, stepchildren, and adult children.
(c) The term "eligible foundation" includes any organization that:
(1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code;
(2) has articles of incorporation under chapter 317A specifying the purpose of the
organization as including the provision of financial assistance to members of the Minnesota
National Guard and other United States armed forces reserves and their families and survivors; and
(3) agrees in writing to distribute any grant money received from the adjutant general under
this section to eligible individuals as defined in this section and in accordance with any written
policies and rules the adjutant general may impose as conditions of the grant to the foundation.
(d) The maximum grant awarded to an eligible individual in a calendar year with funds from
the Minnesota "Support Our Troops" account, either through an eligible institution or directly
from the adjutant general, may not exceed $2,000.
    Subd. 3. Annual report. The adjutant general must report by February 1, 2007, and each
year thereafter, to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over military and veterans' affairs on the number, amounts, and use of
grants made by the adjutant general from the Minnesota "Support Our Troops" account in the
previous year.
History: 2005 c 156 art 2 s 31; 2007 c 86 s 1

CAMP RIPLEY

190.25 LANDS FOR TRAINING ARMED FORCES.
    Subdivision 1. Acquisition. 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.
    Subd. 2. Condemnation. The adjutant general may, except as to lands already devoted to a
public use, at any time after the filing of a petition for the condemnation of any lands authorized
by this section take possession of it. Proceedings for the condemnation of lands authorized herein
shall be governed by chapter 117.
    Subd. 3. Sale; use of funds. The adjutant general is authorized to sell in the manner provided
by law any or all
(1) land, and
(2) timber, growing crops, buildings, and other improvements, if any, situated upon the land,
acquired under the authority of subdivision 1 or which may hereafter comprise the Camp Ripley
Military Field Training Center and not needed for military training purposes. The proceeds of any
sales shall be deposited in the general fund.
The adjutant general may use funds that are directly appropriated for the acquisition of
land, the payment of expenses of forest management on land forming the Camp Ripley Military
Reservation, and the provision of an Enlisted Person's Service Center. If amounts that are directly
appropriated for these purposes in either year of a biennium are insufficient, the appropriation for
the other year of the biennium is available.
    Subd. 4. Closing roads or highways. The adjutant general is authorized, whenever military
training purposes require, to close and obliterate any and all public roads or highways established
over and upon any of the lands acquired under the authority of this section. In order to accomplish
prescribed military training at the Camp Ripley Military Reservation, the adjutant general may
temporarily close any road or highway adjacent to the Camp Ripley Military Reservation with the
concurrence of the road authorities. Prior to closing any road or highway the adjutant general
shall erect suitable signs and barriers in ample time so as to minimize any inconvenience to
the traveling public.
History: 1951 c 511 s 1; 1953 c 642 s 1,2; 1961 c 653 s 1,3; 1980 c 407 s 1; 1981 c 46 s 1;
1986 c 444; 1989 c 335 art 4 s 65; 1990 c 594 art 1 s 61; 1991 c 139 s 1; 1997 c 24 s 6

190.26 [Repealed, 1989 c 335 art 4 s 109]

190.27 [Repealed, 1980 c 407 s 7]

190.28 [Repealed, 1978 c 478 s 9]

190.29 [Repealed, 1997 c 24 s 27]

190.30 REQUISITION FOR TAX-FORFEITED LAND.
    Subdivision 1. Procedure. The adjutant general may requisition for military training
purposes any tax-forfeited land in the state or any state land in the custody or under the control of
the commissioner of natural resources or any agency of the Department of Natural Resources,
subject to the conditions hereinafter prescribed. The requisition shall be made by filing a
certificate thereof executed by the adjutant general as follows:
(a) with the county auditor of the county in which the land is situated in the case of
tax-forfeited land held subject to any control or authority of the county board;
(b) with the officer having custody of the state land records in the Department of Natural
Resources in the case of any tax-forfeited land or other state land not subject to any control or
authority of a county board.
    Subd. 2. Approval of commissioner of natural resources. No such requisition shall be
made in the case of any state land which has been designated or set apart for any specific public
use without the approval of the commissioner of natural resources.
    Subd. 3. Approval of city. No such requisition shall be made in the case of any tax-forfeited
land within the limits of any city without the approval of the governing body thereof.
    Subd. 4. Lease to United States. Land so requisitioned may be leased to the United States
for military or naval training purposes as hereinbefore provided.
    Subd. 5. Exempt from trust and governmental control. Land requisitioned, so long as
used by the state or by the United States for military training purposes, shall be relieved from any
trust in favor of any taxing district and from any control or authority of any other public agency
for any other purposes. In case the use of land for military training purposes should cease, it shall
revert to its status immediately prior to being requisitioned for those purposes, and shall be subject
to all the conditions and incidents attached to its prior status.
    Subd. 6. Payment of expenses. Expenses incident to the requisitioning of land for military
training purposes hereunder, to the leasing of such land to the United States, and to proceedings
to perfect the title to the land, if necessary, shall be payable from the appropriations made for
acquisition of land.
History: 1951 c 511 s 5; 1969 c 1129 art 3 s 1; 1973 c 123 art 5 s 7; 1980 c 407 s 4-6

190.31 [Repealed, 1975 c 432 s 97]

190.32 FEDERAL REIMBURSEMENT RECEIPTS.
The Department of Military Affairs may deposit federal reimbursement receipts into the
general fund account, maintenance of military training facilities. These receipts are for services,
supplies, and materials initially purchased by the Camp Ripley maintenance account.
History: 1984 c 654 art 2 s 120