2007 Minnesota Statutes

CHAPTER 192. NATIONAL GUARD

ORGANIZATION

192.01 MINNESOTA NATIONAL GUARD.
The Minnesota National Guard consists of the regularly enlisted militia within the ages
prescribed by federal law and regulations, organized, armed, and equipped as hereinafter provided,
and of commissioned officers and warrant officers within the ages and having the qualifications
prescribed by federal law and regulations. "National Guard" applies only to militia organized as
provided for in the military code and authorized by federal law and regulations relating to the
National Guard. The number of officers and enlisted members of the National Guard shall be
fixed from time to time and organized so as to meet the requirements of the federal laws.
History: (2409) 1921 c 506 s 15; 1943 c 108 s 10; 1947 c 125 s 3; 1986 c 444

192.02 INACTIVE NATIONAL GUARD.
The inactive National Guard shall be organized and maintained under such rules and
regulations as may be prescribed in accordance with the federal law.
History: (2412) 1921 c 506 s 18; 1939 c 175 s 4

192.03 ORGANIZATION.
The organization of the National Guard, including the composition of all units thereof, shall
be such as is or may hereafter be prescribed for this state by federal law.
History: (2410) 1921 c 506 s 16

192.04 LOCATION OF UNITS.
The location of units, including headquarters shall, when not otherwise prescribed by federal
law, be fixed by the governor on the recommendation of the adjutant general.
History: (2411) 1921 c 506 s 17; 1927 c 339 s 3

192.05 STATUS OF INDIVIDUALS AND UNITS OF NATIONAL GUARD IN NATIONAL
EMERGENCY AND AFTERWARDS.
When Congress shall have declared a national emergency or shall have authorized the use
of armed land forces of the United States for any purpose requiring the use of troops in excess
of those of the regular army, and the president has ordered into the active military service of
the United States, to serve therein for the period of the war or emergency, any or all units and
members of the National Guard of this state, all forces so ordered into the active military service
of the United States shall from the date thereof stand relieved from duty in the National Guard of
this state so long as they shall remain in the active military service of the United States, when so
provided by the federal law. Upon being relieved from such duty in the military service of the
United States, all such individuals and units shall revert to their National Guard status.
History: (2418) 1921 c 506 s 24; 1939 c 175 s 7

192.06 OFFICERS AND ENLISTED PERSONS OF STATE STAFF AND DETACHMENT;
NUMBER AND GRADES.
The number and grades of officers and enlisted persons in the state staff and detachment shall
be as prescribed by federal law, but in case of war, invasion, insurrection, civil disturbance or
imminent danger of any of the foregoing, the governor may temporarily increase the force to meet
the emergency, and retired officers who are physically qualified may be assigned to emergency
duty. All officers appointed to the state staff and detachment shall have had previous military
service and shall be selected and appointed by the adjutant general and commissioned by the
governor. The enlisted persons shall be recruited and administered by the detachment commander.
History: (2413) 1921 c 506 s 19; 1939 c 175 s 5; 1943 c 108 s 11; 1963 c 658 s 5; 1978
c 478 s 1

192.07 [Repealed, 1963 c 658 s 20]

192.08 QUALIFICATIONS OF OFFICERS.
Officers of the National Guard shall not be commissioned as such unless they shall have
been selected from the classes of persons having the qualifications prescribed by federal law and
shall have taken and subscribed to the oath of office prescribed by Congress.
History: (2416) 1921 c 506 s 22

192.09 [Repealed, 1978 c 478 s 9]

192.10 [Repealed, 1978 c 478 s 9]

192.105 OFFICERS; SELECTION, ASSIGNMENT, PROMOTION.
Officers for the Minnesota National Guard shall be selected, commissioned, or appointed by
the governor upon the recommendation of the adjutant general provided the persons have met
all qualifications prescribed by federal law. Commissions shall designate the arm, branch, or
staff corps to which an officer is appointed.
History: 1978 c 478 s 2

192.11 OFFICERS HAVE POWERS AND DUTIES OF UNITED STATES OFFICERS.
In addition to the powers and duties prescribed in the Military Code, all officers of the
Minnesota National Guard shall have the same powers, including the power to administer oaths,
and perform the same duties as officers of similar rank and position in the armed forces of the
United States that are authorized by federal law.
History: (2444) 1921 c 506 s 50; 1978 c 478 s 3

192.12 IN COMPUTING CONTINUOUS SERVICE.
Service by any person in the armed forces of the United States in the time of war,
insurrection, or rebellion, shall be considered as continuous service in the National Guard for
any and all purposes regarding privileges and exemptions provided by law for members of the
National Guard by enlistment or commission. The continuous service for an officer shall include
only the time the person was commissioned as an officer.
History: (2432) 1921 c 506 s 38; 1978 c 478 s 4; 1986 c 444

192.13 SUPPLIES, HOW ISSUED; BOND.
Arms, accoutrements, ammunition and stores shall be issued to the proper officers of
each organization, upon requisition as prescribed by federal law. The governor may require of
the accountable officers, such bonds as the governor deems necessary, not to exceed $5,000,
for securing the care and safety of property so issued and shall allow them sufficient money to
insure such property against fire when so required by the federal government. The governor may
also allow them sufficient money to establish and maintain regimental depots, approved by the
governor and to pay for the transportation, handling and care of such property which allowance
shall be paid out of the money appropriated for the purchase of supplies for the guard. The
adjutant general, with the approval of the governor, may obtain and pay for, out of the annual
military appropriation, an adequate indemnity bond covering officers of the National Guard
responsible for money and military property.
History: (2437) 1921 c 506 s 43; 1963 c 658 s 6; 1986 c 444

192.14 OFFICERS MAY RESIGN.
Commissioned officers may resign in such manner and under such circumstances as may be
prescribed by federal regulations.
History: (2420) 1921 c 506 s 26

192.15 COMMISSIONS MAY BE VACATED; FEDERAL REGULATIONS.
At any time the moral character, capacity, and general fitness for the service of any National
Guard officer may be determined by an efficiency board as provided by federal law. Commissions
of officers of the National Guard may be vacated, upon resignation, absence without leave for
three months, upon the recommendation of an efficiency board, or pursuant to sentence of
a court martial.
History: (2419) 1921 c 506 s 25

192.16 SURPLUS OFFICERS.
Officers of the guard rendered surplus by the disbandment of their organizations shall be
disposed of as provided by federal law.
History: (2419) 1921 c 506 s 25

192.17 OFFICERS MAY BE PLACED IN INACTIVE NATIONAL GUARD.
Officers may, upon their own application, be placed in the inactive National Guard as may be
authorized by federal law.
History: (2419) 1921 c 506 s 25

192.18 RETIREMENT.
    Subdivision 1. Officers and warrant officers. Whenever the federal recognition of an
officer or warrant officer of the National Guard is withdrawn, that officer's commission in the
Minnesota National Guard shall be terminated, except that any officer or warrant officer who shall
have served in the Minnesota National Guard for a period of not less than 20 years and any officer
or warrant officer who becomes disabled in line of duty while in the service of the state or of the
United States and is thereby made incapable of performing military duties may, upon application
therefor, be placed in a retired status and that officer's name shall be placed on a roll in the Office
of the Adjutant General to be known as the "roll of retired officers."
    Subd. 2. Enlisted members. Any enlisted member who completes not less than 20 years
of service in the National Guard and is honorably discharged and any enlisted member of the
Minnesota National Guard who becomes disabled in the line of duty while in the service of the
state or of the United States and is thereby made incapable of performing military duties may, upon
application therefor, be placed in retired status and that enlisted member's name shall be placed on
a roll in the Office of the Adjutant General to be known as the "roll of retired enlisted members."
    Subd. 3. Wearing uniform. Officers, warrant officers, or enlisted personnel in retired status
shall be entitled to wear, when not in conflict with federal law, on state and other occasions of
ceremony, the uniform of the rank last held by those personnel.
History: (2423) 1921 c 506 s 29; 1943 c 108 s 15; 1945 c 13 s 1; 1947 c 125 s 5; 1963 c
658 s 7; 1984 c 442 s 6; 1986 c 444

192.19 RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.
The commander-in-chief or the adjutant general may assign officers, warrant officers, and
enlisted personnel on the retired list, with their consent, to temporary active 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 personnel while so
assigned shall receive the full pay and allowances of their grades at time of retirement, except
that the commander-in-chief or the adjutant general may authorize pay and allowances in a
higher grade when it is considered appropriate based on special skills or experience of the person
being assigned to temporary active service.
History: (2418) 1921 c 506 s 24; 1939 c 175 s 7; 1997 c 24 s 7; 1999 c 46 s 2; 2005
c 156 art 4 s 2

192.20 BREVET RANK.
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.
History: (2418) 1921 c 506 s 24; 1939 c 175 s 7; 1963 c 658 s 8; 1997 c 24 s 8

192.205 ENLISTMENTS.
    Subdivision 1. Period of enlistments. Except as otherwise provided by federal law or
regulation for the National Guard, original enlistments in the military forces shall be for a period
of three years and subsequent enlistments for periods of one or three years. The governor may
by order fix shorter period of enlistment or reenlistment for any of the military forces so far as
not inconsistent with federal law. In the event of an emergency wherein the governor has called
out any of the military forces, the governor may by order extend for not exceeding the duration
of the emergency and 60 days thereafter the period of any enlistment in the forces called out
which would otherwise expire.
    Subd. 2. Form of enlistment contract. Except as otherwise provided by federal law or
regulation for the National Guard, every person enlisting in the military forces shall sign an
enlistment contract in the form prescribed by the adjutant general, and shall subscribe to the
following oath or affirmation: "I hereby acknowledge to have voluntarily enlisted this ..........
day of .......... ......., as a soldier in the .......... for the period of three (or one) year .... under the
conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly
swear that I will bear true faith and allegiance to the United States of America and the state of
Minnesota; that I will serve them honestly and faithfully against all their enemies whomsoever;
and that I will obey the orders of the President of the United States and of the governor of the
state of Minnesota and the officers appointed over me, according to law and the Uniform Code of
Military Justice"; provided, that the words "the President of the United States and of" shall be
omitted in the case of persons enlisting in forces not subject to federal service.
    Subd. 3. Organization not to be enlisted as unit. No civil association, society, club, post,
order, fraternity, fraternal organization, union, league, or other organized body shall be enlisted in
the military forces as a unit.
    Subd. 4. Administration of oath. Any officer of the Minnesota National Guard or any
commissioned officer of a regular or reserve component of the armed forces of the United States
may administer the oath or affirmation of enlistment to a person enlisting in the Minnesota
National Guard.
History: 1943 c 108 s 13; 1963 c 658 s 9,10; 1982 c 481 s 1; 1986 c 444; 1998 c 254
art 1 s 107

192.21 DISCHARGES FOR ENLISTED MEMBERS.
An enlisted member discharged from service in the National Guard shall receive a discharge
in writing in such form and with such classification as is or shall be prescribed by federal law and
in time of peace discharges may be given prior to the expiration of terms of enlistment under such
regulations as the federal authorities may prescribe.
History: (2421) 1921 c 506 s 27; 1986 c 444

192.22 DISHONORABLE DISCHARGES.
A dishonorable discharge from service in the National Guard shall operate as a complete
expulsion from the guard, a forfeiture of all exemptions and privileges acquired through
membership therein and disqualification for any military office under the state. The names of all
persons dishonorably discharged shall be published in orders by the adjutant general.
History: (2422) 1921 c 506 s 28; 1943 c 108 s 14; 1963 c 658 s 11

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.
History: (2423) 1921 c 506 s 29; 1943 c 108 s 15; 1947 c 125 s 6; 1986 c 444; 1997 c 24 s 9

192.24 [Repealed, 1977 c 286 s 21]

192.25 EXEMPTION FROM PROCESS.
No member of the guard shall be arrested, or served with any summons, order, warrant or
other civil process after having been ordered to any duty or while going to, attending or returning
from any place to which the member is required to go for military duty; but nothing herein shall
prevent an arrest by order of a military officer or for a felony or breach of the peace committed
while not in the actual performance of assigned duties. The articles of equipment personally
owned by such members shall be exempt from seizure or sale for debt.
History: (2424) 1921 c 506 s 30; 1986 c 444

192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO LOSE PAY
WHILE ON MILITARY DUTY.
    Subdivision 1. Authorized leave. Subject to the conditions hereinafter prescribed, any
officer or employee of the state or of any political subdivision, municipal corporation, or other
public agency of the state who shall be a member of the National Guard, or any other component
of the militia of the state now or hereafter organized or constituted under state or federal law,
or who shall be a member of the officers' reserve corps, the enlisted reserve corps, the Naval
Reserve, the Marine Corps reserve, or any other reserve component of the military or naval forces
of the United States now or hereafter organized or constituted under federal law, shall be entitled
to leave of absence from the public office or employment without loss of pay, seniority status,
efficiency rating, vacation, sick leave, or other benefits for all the time when engaged with such
organization or component in training or active service ordered or authorized by proper authority
pursuant to law, whether for state or federal purposes, but not exceeding a total of 15 days in any
calendar year. Such leave shall be allowed only in case the required military or naval service is
satisfactorily performed, which shall be presumed unless the contrary is established. Such leave
shall not be allowed unless the officer or employee (1) returns to the public position immediately
on being relieved from such military or naval service and not later than the expiration of the time
herein limited for such leave, or (2) is prevented from so returning by physical or mental disability
or other cause not due to the officer's or employee's own fault, or (3) is required by proper authority
to continue in such military or naval service beyond the time herein limited for such leave.
    Subd. 2.[Repealed, 1963 c 658 s 20]
History: (2425) 1921 c 506 s 31; 1939 c 175 s 8; 1941 c 120 s 1; 1977 c 11 s 4; 1986 c 444

192.261 LEAVE OF ABSENCE.
    Subdivision 1. Leave of absence without pay. Subject to the conditions hereinafter
prescribed, any officer or employee of the state or of any political subdivision, municipal
corporation, or other public agency of the state who engages in active service in time of war or
other emergency declared by proper authority in any of the military or naval forces of the state or
of the United States for which leave is not otherwise allowed by law shall be entitled to leave of
absence from the officer's or employee's public office or employment without pay during such
service, with right of reinstatement as hereinafter provided. Such leave of absence without pay,
whether heretofore or hereafter, shall not extend beyond four years plus such additional time in
each case as such an officer or employee may be required to serve pursuant to law. This shall
not be construed to preclude the allowance of leave with pay for such service to any person
entitled thereto under section 43A.183, 192.26, or 471.975. Nothing in this section contained shall
affect any of the provisions or application of section 352.27 nor of section 192.26 to 192.264, or
any laws amendatory thereof, insofar as such sections pertain to the state employees retirement
association or its members.
    Subd. 2. Reinstatement. Except as otherwise hereinafter provided, upon the completion
of such service such officer or employee shall be reinstated in the public position, which was
held at the time of entry into such service, or a public position of like seniority, status, and pay
if such is available at the same salary which the officer or employee would have received if
the leave had not been taken, upon the following conditions: (1) that the position has not been
abolished or that the term thereof, if limited, has not expired; (2) that the officer or employee is
not physically or mentally disabled from performing the duties of such position; (3) that the
officer or employee makes written application for reinstatement to the appointing authority within
90 days after termination of such service, or 90 days after discharge from hospitalization or
medical treatment which immediately follows the termination of, and results from, such service;
provided such application shall be made within one year and 90 days after termination of such
service notwithstanding such hospitalization or medical treatment; (4) that the officer or employee
submits an honorable discharge or other form of release by proper authority indicating that the
officer's or employee's military or naval service was satisfactory. Upon such reinstatement the
officer or employee shall have the same rights with respect to accrued and future seniority status,
efficiency rating, vacation, sick leave, and other benefits as if that officer or employee had been
actually employed during the time of such leave. The officer or employee reinstated under this
section is entitled to vacation and sick leave with pay as provided in any applicable civil service
rules, collective bargaining agreement, or compensation plan, and accumulates vacation and
sick leave from the time the person enters active military service until the date of reinstatement
without regard to any otherwise applicable limits on civil service rules limiting the number
of days which may be accumulated. No officer or employee so reinstated shall be removed or
discharged within one year thereafter except for cause, after notice and hearing; but this shall not
operate to extend a term of service limited by law.
    Subd. 3. Shall file certificate. Any public officer elected or appointed for a definite term
who, before the expiration of such term, returns from military or naval service under leave
of absence without pay under chapters 190 to 193, in lieu of making written application for
reinstatement as hereinbefore provided, shall file in the same office where the public officer's oath
is filed within 45 days after termination of such military or naval service a verified certificate that
the public officer has complied with the conditions for reinstatement hereinbefore prescribed, and
that public officer shall thereupon be deemed to have resumed that office, with all the rights and
privileges granted by chapters 190 to 193; provided, that any false statement in such certificate
shall be ground for removal.
    Subd. 4. Person engaged in active service qualified to be candidate for public office.
No person who is engaged in active service in any of the military or naval forces of the state
or of the United States within or without the state shall thereby be disqualified from being a
candidate for or from being elected or appointed to any public office within the state if that
person is otherwise eligible therefor. A person who is elected or appointed to any such office
who at the commencement of the term thereof is engaged in any such active military or naval
service shall not thereby be disqualified from assuming and holding such office if otherwise
eligible therefor and if that person's military or naval service is not constitutionally or legally
incompatible therewith. Such person, if prevented by military or naval duties from taking office in
person, may file an oath of office, and a bond, if required, by mail or other means of transmittal,
and shall thereupon be deemed to have assumed office, subject to all the provisions of sections
192.26 to 192.264, so far as applicable.
    Subd. 5. Active duty for training, inactive duty training; reemployment rights. (a) Any
public officer or employee who is a member of the military forces who is ordered to an initial
period of active duty for training of not less than three consecutive months shall, upon application
for reemployment within 31 days after that member's (1) release from that active duty for training
after satisfactory service, or (2) discharge from hospitalization incident to that active duty for
training, or one year after a scheduled release from that training, whichever is earlier, be entitled
to all reemployment rights and benefits provided by this section. Any person restored to a position
in accordance with the provisions of this clause shall not be discharged from the position without
cause within six months after that restoration.
(b) Any public officer or employee not covered by section 192.26, or by clause (a) shall, upon
request, be granted a leave of absence from public employment for the period required to perform
active duty for training or inactive duty training in the military forces. Upon release from a
period of active duty for training or inactive duty training, or upon discharge from hospitalization
incident to that training, the officer or employee shall be permitted to return to the previously held
position with the same seniority, status, rate of pay, and vacation as if the officer or employee had
not been absent for those purposes. The officer or employee shall report for work at the beginning
of the next regularly scheduled working period after expiration of the last calendar day necessary
to travel from the place of training to the place of employment following release from active duty,
or within a reasonable time thereafter if delayed return is due to factors beyond the employee's
control. Failure to report for work at the next regularly scheduled working period shall make the
employee subject to the conduct rules of the employer pertaining to explanations and discipline
with respect to absence from scheduled work. If that employee is hospitalized incident to active
duty for training or inactive duty training, that employee shall be required to report for work (1) at
the beginning of the next regularly scheduled work period after expiration of the time necessary to
travel from the place of discharge from hospitalization to the place of employment, (2) within a
reasonable time thereafter if delayed return is due to factors beyond the employee's control, or (3)
within one year after the release from active duty for training or inactive duty training, whichever
is earlier. If an employee covered by this clause is not qualified to perform the position's duties
by reason of disability sustained during active duty for training or inactive duty training, but is
qualified to perform the duties of any other position in the employ of the employer or a successor
in interest, that employee shall be restored by that employer or a successor in interest to another
position, the duties of which that employee is qualified to perform and which will provide like
seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances
in the particular case. For the purpose of this paragraph, the terms "active duty for training" and
"inactive duty for training" shall have the meanings subscribed to them by the United States Code
Annotated, title 38, part III, chapter 43, sections 2021 to 2026.
(c) Any employee not covered by clause (a) shall be considered as having been on leave of
absence during the period required to report for the purpose of being inducted into, entering or
determining by a preinduction or other examination the employee's physical fitness to enter the
military forces. If rejected, upon completion of the preinduction or other examination, or upon
discharge from hospitalization incident to that rejection or examination, the employee shall be
permitted to return to the employee's position in accordance with the provisions of clause (b).
    Subd. 6. State emergencies; reemployment rights of nonpublic employees. A person who
engages in active service in the military forces in time of emergency declared by the proper
authority of the state who is not an officer or employee of the state or of any political subdivision,
municipal corporation, or other public agency of the state is entitled to leave and reinstatement
in the same manner and to the same extent as granted to officers and employees of the state
or of any political subdivision, municipal corporation, or other public agency of the state by
subdivisions 1 to 4. The provisions of this subdivision shall not entitle a person given leave and
reinstatement rights by this subdivision to any pay during such service as provided by section
192.26. The provisions of this subdivision do not apply to situations in which the person's
reemployment rights are protected by United States Code Annotated, appendix 50, section 459(g)
of the Selective Service Act of 1967.
History: 1941 c 120 s 2; 1945 c 489 s 1; 1963 c 658 s 12-14; 1971 c 202 s 4,5; 1978 c 478 s
5; 1986 c 444; 1995 c 186 s 47; 2005 c 35 s 2; 2005 c 156 art 4 s 3

NOTE:The amendment to subdivision 1 by Laws 2005, chapter 35, section 2, applies to
state employees serving in active military service on or after May 29, 2003. Laws 2005, chapter
35, section 2, the effective date.
NOTE: The amendment to subdivision 2 by Laws 2005, chapter 156, article 4, section 3,
applies to any public officer or public employee serving in active military service on or after
September 11, 2001. Laws 2005, chapter 156, article 4, section 3, the effective date.

192.262 OFFICERS AND EMPLOYEES TO PRESERVE PENSION AND RETIREMENT
RIGHTS.
Any public officer or employee receiving leave of absence under sections 192.26 to 192.264
and having rights in any state, municipal, or other public pension, retirement, or relief system
shall retain all such rights accrued up to the time of taking such leave, and shall have all rights
subsequently accruing under such system as if actually employed during the time of such leave;
provided, that so far as any increase in the amount of money benefits accruing with respect to the
time of such leave is dependent upon the payment of any contributions or assessments, the right to
such increase shall be conditioned upon the payment of such contributions or assessments within
such reasonable time after the termination of such leave and upon such terms as the authorities in
charge of such system may prescribe.
History: 1941 c 120 s 3; 1986 c 444

192.263 VACANCIES TO BE FILLED TEMPORARILY.
In any case where a public officer or employee is absent with leave under the provisions
of sections 192.26 to 192.264 and where it is necessary in the public interest to provide for the
performance of the duties of the position during the absence, the authority having power to fill a
vacancy in the position may appoint a substitute, to be known as acting incumbent, who shall
qualify as required for the regular incumbent, shall receive the same compensation as fixed by
law, or as may be fixed by proper authority, and shall have all the powers and perform all the
duties of the position until the return of the regular incumbent or, if the position is for a fixed
term, the period of the unexpired term, whichever occurs earlier. This section does not preclude
the making of any other provision for the discharge of the duties of the position which may be
otherwise authorized by law.
History: 1941 c 120 s 4; 1986 c 444; 1991 c 80 s 1

192.264 SUPPLEMENTARY.
The rights and privileges granted by sections 192.26 to 192.264 shall be supplementary
to and not exclusive of any other rights or privileges conferred by law on public officers or
employees, but shall not obtain in any case where the military or naval service is constitutionally
or legally incompatible with the public office or employment.
History: 1941 c 120 s 5

192.265 [Repealed, 1963 c 658 s 20]

192.27 NOT LIABLE FOR ACTS PERFORMED UNDER ORDERS.
The commanding officer of any of the military forces engaged in the suppression of an
insurrection, the dispersion of a mob or the enforcement of the laws shall exercise discretion as
to the propriety of firing upon or otherwise attacking any mob or other unlawful assembly; and,
if that officer exercises honest judgment thereon, the officer shall not be liable in either a civil
or criminal action for any act done while on such duty. No officer or enlisted member shall be
held liable in either a civil or a criminal action, for any act done under lawful orders and in the
performance of duty.
History: (2426) 1921 c 506 s 32; 1986 c 444

192.28 FIRING BLANK CARTRIDGES ON MOB OR UNLAWFUL ASSEMBLAGE.
No officer in charge of personnel, under any pretense or in compliance with any order, shall
direct or permit them to fire blank cartridges upon any mob or unlawful assemblage, under penalty
of dishonorable dismissal from the service.
History: (2426) 1921 c 506 s 32; 1986 c 444

192.29 GOVERNOR TO APPOINT COUNSEL.
If a suit or proceeding shall be commenced in any court by any person against any officer of
the military forces for any act done by such officer in an official capacity in the discharge of any
duty under the Military Code, or against any soldier acting under the authority or order of any
such officer, or by virtue of any warrant, issued by that officer pursuant to law, it shall be the duty
of the governor, upon the recommendation of the attorney general, to appoint counsel to defend
such person. The costs and expenses of any such defense shall be paid out of the appropriation
for the maintenance of the National Guard.
History: (2427) 1921 c 506 s 33; 1986 c 444

192.30 SECURITY FOR COSTS.
Any person bringing an action or proceeding against a military officer of the state for any
act done in the course of official duty, or against any person acting under the order or authority
of such officer, shall give security for the costs, disbursements and reasonable attorney's fees
incurred by the state or defendant in defending the same, in the same manner and subject to the
same rules, so far as applicable, as in the case of a nonresident plaintiff. And if the plaintiff fails to
recover, such attorney's fees may be taxed with the costs and disbursements and judgment therefor
be entered against the plaintiff and the sureties on the bond.
History: (2428) 1921 c 506 s 34; 1985 c 248 s 70; 1986 c 444

192.31 MILITARY FORCES NOT RESTRICTED BY TRAFFIC REGULATIONS.
The military forces of the United States and of the state, while on any authorized duty, shall
not be restricted by state or municipal traffic regulations when under military or civil traffic
control personnel, and shall have the right-of-way on any street or highway through which they
may pass against all except carriers of the United States mail, fire engines, police vehicles, and
emergency service vehicles.
History: (2452) 1921 c 506 s 58; 1927 c 339 s 10; 1943 c 108 s 22; 1971 c 202 s 6

192.32 DISCRIMINATION IN PUBLIC ACCOMMODATIONS OR PUBLIC SERVICES.
It shall be unlawful for any person to discriminate against any member of the military forces
of the United States, of this state or of any other state because of membership therein or the
wearing of a military uniform with respect to access or admission to, full utilization of or benefit
from any public accommodation or public service as said terms are defined in chapter 363A. Any
person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
History: (4390) 1911 c 261 s 1; 1978 c 478 s 6

192.33 ACTION FOR DAMAGES.
Any person injured as a result of a violation of section 192.32 may bring an action to recover
actual damages, costs, and, in addition thereto, exemplary damages.
History: (4391, 4392) 1911 c 261 s 2,3; 1978 c 478 s 7; 1986 c 444

192.34 DISCRIMINATION WITH RESPECT TO EMPLOYMENT.
It shall be unlawful for any employer to discharge any person from employment because
of membership in the military or naval forces of the United States, of this state, or any other
state, or to hinder or prevent any person from performing any military service that person may
be called upon to perform by proper authority, or to dissuade any person from enlistment in the
military service by threat or injury, in case that person shall so enlist, in respect to that person's
employment, trade or business. Any person violating any of the provisions of this section shall be
deemed guilty of a gross misdemeanor.
History: (2429) 1921 c 506 s 35; 1978 c 478 s 8; 1986 c 444

192.35 INTERFERENCE WITH PERFORMANCE OF MILITARY DUTIES.
Any person who interrupts, molests, or insults by abusive words or behavior, or obstructs
any officer or soldier of the National Guard while on duty, either parade, drill meeting for military
improvement or other military duty may be immediately put and kept under guard until the duty is
concluded, by the officer in command. Such officer may turn the person over to any peace officer
of the city or place where such drill parade or meeting is being held and such peace officer shall
thereupon deliver such offender for examination and trial before any court having jurisdiction.
Any person violating the provisions of this section shall be guilty of a misdemeanor.
History: (2451) 1921 c 506 s 57; 1986 c 444

192.351 INTERFERENCE WITH PERFORMANCE OF MILITARY DUTIES WHILE
IN ACTIVE SERVICE.
Any person who intentionally obstructs, hinders, or prevents any officer or soldier of the
National Guard from performing duties while on active service may be arrested by an officer or
soldier present. Such officer or soldier shall turn the person over to any peace officer of the city or
place in which such active service is taking place and such peace officer may thereupon deliver
such offender for examination and trial before any court having jurisdiction. Any person violating
the provisions of this section shall be guilty of a gross misdemeanor.
History: 1971 c 202 s 7; 1986 c 444

192.36 [Repealed, 1997 c 24 s 27]

192.37 WRONGFUL DISPOSITION OF PROPERTY.
Every person, whether a member of the military forces or not, who sells, buys, damages,
destroys, disposes of, or retains any military property of the United States or of the state without
proper authority shall be guilty of a misdemeanor.
History: (2470) 1921 c 506 s 76; 1997 c 24 s 10

192.38 ILLNESS, INJURY, OR DEATH OF MEMBER OF MILITARY FORCES;
COMPENSATION.
    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 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 Department of Employee Relations.
    Subd. 2. Assistance to claimants. To the extent information is available, the adjutant general
shall provide information to a person seeking a benefit from the state or federal government or
instituting a claim before a Legislative Commission on Claims or Federal Claims Commission
arising from loss, damage, or destruction of property or for injury or death incurred or sustained
by a member of the military forces.
History: (2430) 1921 c 506 s 36; 1927 c 339 s 6; 1965 c 140 s 2; 1975 c 271 s 6; 1976 c 331
s 39; 1983 c 193 s 7; 1986 c 444; 1997 c 24 s 11

192.381 ADJUTANT GENERAL TO FURNISH AN AMERICAN FLAG.
Upon the death of any person who has honorably served six or more years or is in active
service in the Minnesota National Guard and upon request of the person designated to direct
disposition of the remains, the adjutant general shall furnish an American flag if a flag is not
furnished by the United States government.
History: 1981 c 336 s 1; 1989 c 53 s 1

192.382 HONOR GUARDS.
    The adjutant general may activate members to serve as an honor guard at the funeral of any
person who served in the Minnesota National Guard and who was: (1) honorably discharged after
serving six or more years, or (2) in active service. Members activated for service as honor guards
must be paid at the rate provided in section 192.49, subdivision 1or 2.
History: 2007 c 45 art 3 s 3

192.39 [Repealed, 1965 c 140 s 3]

192.40 GOVERNOR TO APPOINT UNITED STATES PROPERTY AND 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 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 chief, National Guard Bureau, and the appropriate service secretary.
History: (2442) 1921 c 506 s 48; 1976 c 2 s 133; 1986 c 444; 1997 c 24 s 12

192.41 STATE QUARTERMASTER AND PROPERTY OFFICER.
The state quartermaster shall be the property officer of the state and as such shall have charge
of and be accountable for, under the adjutant general, all the state military property and shall make
such property returns and reports on the same as the governor may direct. The quartermaster shall
be under bond to the state to such amount as the governor may deem necessary.
History: (2443) 1921 c 506 s 49; 1927 c 339 s 8; 1963 c 658 s 15; 1986 c 444

192.42 ARMS AND UNIFORMS.
The National Guard shall be uniformed, armed, and equipped as provided by federal law.
Such uniforms, arms, and equipment shall be procured and issued by the proper officers as the
needs of the service may require and shall be accounted for as the regulations may prescribe.
History: (2436) 1921 c 506 s 42

192.43 DISTRIBUTION OF EQUIPMENT.
    Subdivision 1. Procedure. The commanding officer of a company receiving clothing or
equipment for the use of the command shall distribute the same to the members of the command,
taking receipts and requiring the return of each article at such time and place as the commanding
officer shall direct.
    Subd. 2. Payment for lost items. Legal fines or forfeitures and the value of any articles of
uniform, arms or equipment, whether state or federal, issued to any officer or enlisted member
which is not returned on demand by proper authority and for the loss of or damage to which the
officer or member has been held responsible by a report of survey or other proper proceeding,
shall be deducted from such officer's or enlisted member's pay in the manner provided for in
federal or state orders or regulations. Deduction from federal pay and allowances may only be
made in the manner prescribed by federal law or regulation.
History: (2438) 1921 c 506 s 44; 1947 c 125 s 9; 1986 c 444

192.435 [Repealed, 1997 c 24 s 27]

192.44 [Repealed, 1997 c 24 s 27]

192.45 [Repealed, 1997 c 24 s 27]

192.46 [Repealed, 1997 c 24 s 27]

192.47 [Repealed, 1997 c 24 s 27]

192.48 [Repealed, 1971 c 202 s 11]

192.49 PAY AND ALLOWANCES OF OFFICERS AND ORGANIZATIONS.
    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 the same grade and length of service in the
armed forces of the United States, but not less than $130 a day.
    Subd. 2. Enlisted persons. When 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.
    Subd. 3. Allowances for military expense. (a) Allowances for the necessary military
expenses of all organizations, units, or detachments of the military forces, including clerk hire,
office supplies, postage, and other actual outlay, may be paid by the adjutant general out of the
funds appropriated for the maintenance of the military forces. These allowances annually may
not exceed:
(1) for the state headquarters and for the division headquarters when located in this state
$2,500 each;
(2) $3,000 for the commanding general of troops;
(3) for any other organization commanded by a general officer $2,200;
(4) for any brigade, group, battalion, squadron, or equivalent organization $500 plus $100
for each immediately and directly subordinate organization or unit; and
(5) $600 for incidental expenses of each company, battery, or detachment.
(b) Allowances authorized under this section shall be expended and accounted for as
prescribed by the adjutant general.
History: (2454) 1921 c 506 s 60; 1939 c 175 s 10; 1943 c 108 s 24; 1947 c 125 s 7; 1963 c
658 s 17,18; 1965 c 114 s 1; 1985 c 248 s 70; 1986 c 444; 1997 c 24 s 13,14; 1999 c 250 art 1 s 82

192.50 [Repealed, 1947 c 125 s 22]

192.501 FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.
    Subdivision 1.[Repealed by amendment, 1996 c 390 s 32]
    Subd. 1a. Enlistment bonus program. (a) The adjutant general may establish within the
limitations of this subdivision a program to provide enlistment bonuses to eligible prospects who
become members of the Minnesota National Guard.
(b) Eligibility for the bonus is limited to a candidate who:
(1) has expertise, qualifications, or potential for military service deemed by the adjutant
general as sufficiently important to the readiness of the National Guard or a unit of the National
Guard to warrant the payment of a bonus in an amount to generally encourage the candidate's
enlistment in the National Guard;
(2) joins the National Guard as an enlisted member, as defined in section 190.05, subdivision
6 ; and
(3) serves satisfactorily during the period of, and completes, the person's initial entry
training, if applicable.
The adjutant general may, within the limitations of this paragraph and other applicable
laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in
regulations and publish changes as necessary.
(c) The enlistment bonus payments must be made on a schedule that is determined and
published in department regulations by the adjutant general.
(d) If a member fails to complete a term of enlistment for which a bonus was paid, the adjutant
general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.
    Subd. 1b. Reenlistment or commissioning bonus program. (a) The adjutant general may
establish a program to provide a reenlistment or commissioning bonus to eligible members of
the Minnesota National Guard who extend their term of service in the National Guard within
the limitations of this subdivision.
(b) Eligibility for the bonus is limited to a member of the National Guard who:
(1) is serving satisfactorily as determined by the adjutant general;
(2) has 12 or fewer years of service creditable for retirement; and
(3) has military training and expertise deemed by the adjutant general as sufficiently
important to the readiness of the National Guard or a unit of the National Guard to warrant
the payment of a bonus in an amount to generally encourage the member's reenlistment in the
National Guard, or the member's acceptance of a commission as an officer in the National Guard.
The adjutant general may, within the limitations of this paragraph and other applicable
laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in
regulations and publish changes as necessary.
(c) The bonus payments must be made on a schedule that is determined and published in
department regulations by the adjutant general.
(d) If a member fails to complete a term of reenlistment or an obligated term of commissioned
service for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of
the bonus as determined by the adjutant general.
    Subd. 2. Tuition and textbook reimbursement grant program. (a) The adjutant general
shall establish a program to provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations of this subdivision.
(b) Eligibility is limited to a member of the National Guard who:
(1) is serving satisfactorily as defined by the adjutant general;
(2) is attending a postsecondary educational institution, as defined by section 136A.15,
subdivision 6 , including a vocational or technical school operated or regulated by this state or
another state or province; and
(3) provides proof of satisfactory completion of coursework, as defined by the adjutant
general.
(c) Notwithstanding paragraph (b), clause (1), for a person who:
(1) has satisfactorily completed the person's service contract in the Minnesota National
Guard or the portion of it involving selective reserve status, for which any part of that service
was spent serving honorably in federal active service or federally funded state active service
since September 11, 2001, the person's eligibility is extended for a period of two years, plus an
amount of time equal to the duration of that person's active service, subject to the credit hours
limit in paragraph (g); or
(2) has served honorably in the Minnesota National Guard and has been separated or
discharged from that organization due to a service-connected injury, disease, or disability, the
eligibility period is extended for eight years beyond the date of separation, subject to the credit
hours limit in paragraph (g).
(d) If a member of the Minnesota National Guard is killed in the line of state active service or
federally funded state active service, the member's surviving spouse, and any surviving dependent
who has not yet reached 24 years of age, is eligible for a tuition and textbook reimbursement
grant, with each eligible person independently subject to the credit hours limit in paragraph (g).
(e) The adjutant general may, within the limitations of paragraphs (b) to (d) and other
applicable laws, determine additional eligibility criteria for the grant, and must specify the criteria
in department regulations and publish changes as necessary.
(f) The amount of a tuition and textbook reimbursement grant must be specified on a
schedule as determined and published in department regulations by the adjutant general, but,
except as specifically provided for in paragraph (h), is limited to a maximum of an amount equal
to the greater of:
(1) up to 100 percent of the cost of tuition for lower division programs in the College
of Liberal Arts at the Twin Cities campus of the University of Minnesota in the most recent
academic year; or
(2) up to 100 percent of the cost of tuition for the program in which the person is enrolled at
that Minnesota public institution, or if that public institution is outside the state of Minnesota,
for the cost of a comparable program at the University of Minnesota, except that in the case of a
survivor as defined in paragraph (d), the amount of the tuition and textbook reimbursement grant
for coursework satisfactorily completed by the person is limited to 100 percent of the cost of
tuition for postsecondary courses at a Minnesota public educational institution.
(g) Paragraphs (b) to (e) notwithstanding, a person is no longer eligible for a grant under this
subdivision once the person has received grants under this subdivision for the equivalent of 208
quarter credits or 144 semester credits of coursework.
(h) Awards made under this paragraph must not be counted against the limitation contained
in this subdivision. In addition to other benefits authorized under this subdivision, the adjutant
general may award to highly qualified persons who agree to join the Minnesota National Guard
an amount not to exceed $1,000 for the purpose of reimbursement for postsecondary education
expenses not covered by other awards received under this subdivision. These awards must be
made on a competitive basis. The adjutant general shall determine the standards and procedure
for awards under this paragraph. The maximum number of awards that may be issued under
this paragraph in any calendar year is 25. No person may receive more than one award under
this paragraph.
(i) Tuition and textbook reimbursement grants received under this subdivision may not be
considered by the Minnesota Office of Higher Education or by any other state board, commission,
or entity in determining a person's eligibility for a scholarship or grant-in-aid under sections
136A.095 to 136A.1311.
(j) If a member fails to complete a term of enlistment during which a tuition and textbook
reimbursement grant was paid, the adjutant general may seek to recoup a prorated amount as
determined by the adjutant general. However, this authority does not apply to a person whose
separation from the Minnesota National Guard is due to a medical condition or financial hardship.
(k) For purposes of this section, the terms "active service," "state active service," "federally
funded state active service," and "federal active service" have the meanings given in section
190.05, subdivisions 5 to 5c, respectively, except that for purposes of paragraph (c), clause (1),
these terms exclude service performed exclusively for purposes of:
(1) basic combat training, advanced individual training, annual training, and periodic
inactive duty training;
(2) special training periodically made available to reserve members;
(3) service performed in accordance with section 190.08, subdivision 3; and
(4) service performed as part of the active guard/reserve program pursuant to United States
Code, title 32, section 502(f), or other applicable authority.
    Subd. 3. Record keeping and reporting. The adjutant general must keep an accurate record
of the recipients and benefits paid under this section, and must report this information in the agency
performance report, including information regarding the rank, unit location, race, and gender.
By January 16 of each year, the adjutant general must provide copies of the regulations
developed under this section to the chairs of the house and senate policy committees responsible
for the National Guard.
The Department of Military Affairs shall make a specific effort to recruit and reenlist
women and members of minority groups into the National Guard through the use of the financial
incentives authorized by the programs in this section.
History: 1989 c 335 art 1 s 182; 1991 c 199 art 2 s 1; 1993 c 192 s 76; 1995 c 186 s 48;
1995 c 212 art 3 s 59; 1996 c 390 s 32; 1997 c 160 s 1; 1Sp2001 c 10 art 2 s 64; 2003 c 34 s 1;
2004 c 219 s 1; 2004 c 256 art 1 s 3; 2005 c 10 art 1 s 82; 2005 c 107 art 2 s 60; 2005 c 156
art 4 s 4; 2007 c 21 s 1,2

NOTE: The amendment to subdivision 2 by Laws 2005, chapter 156, article 4, section 4,
applies to persons who have served in the Minnesota National Guard at any time since September
11, 2001, and if the person has died in the line of service, to the person's surviving spouse and
dependents. Laws 2005, chapter 156, article 4, section 4, the effective date.

192.502 PROTECTIONS.
    Subdivision 1. Postsecondary students. (a) As used in this subdivision, the terms "qualified
person" and "qualified student" have the same meaning and include:
(1) any student at a postsecondary educational institution who is ordered into active military
service, as defined in section 190.05, subdivision 5; and
(2) a veteran, as defined in section 197.447, who has a service-connected disability as
certified by the United States Department of Veterans Affairs, who is a student at a postsecondary
educational institution, and whose service-connected medical condition or medical treatment
requirements reasonably prevent the person's attendance at or progress in part or all of the person's
higher educational training or studies at any given time. The terms "medical condition" and
"medical treatment requirements" must be broadly construed and without regard for whether or
not they relate directly to the person's service-connected disability.
(b) A qualified person or qualified student has the following rights:
(1) with regard to courses in which the person is enrolled, the person may:
(i) withdraw from one or more courses for which tuition and fees have been paid that are
attributable to the courses. The tuition and fees must be credited to the person's account at the
postsecondary institution. Any refunds are subject to the requirements of the state or federal
financial aid programs of origination. In such a case, the student must not receive credit for the
courses and must not receive a failing grade, an incomplete, or other negative annotation on
the student's record, and the student's grade point average must not be altered or affected in
any manner because of action under this item;
(ii) be given a grade of incomplete and be allowed to complete the course upon release from
active service, upon completion of medical treatment, or upon sufficient medical recovery under
the postsecondary institution's standard practice for completion of incompletes; or
(iii) continue and complete the course for full credit. Class sessions the student misses due
to performance of active military service or due to the person's medical treatment or medical
condition must be counted as excused absences and must not be used in any way to adversely
impact the student's grade or standing in the class. Any student who selects this option is not,
however, automatically excused from completing assignments due during the period the student is
performing active military service or receiving medical treatment or recovering from a medical
condition. A letter grade or a grade of pass must be awarded only if, in the opinion of the faculty
member teaching the course, the student has completed sufficient work and has demonstrated
sufficient progress toward meeting course requirements to justify the grade;
(2) to receive a refund of amounts paid for room, board, and fees attributable to the time
period during which the student was serving in active military service or receiving medical
treatment or dealing with the person's medical condition and did not use the facilities or
services for which the amounts were paid. Any refund of room, board, and fees is subject to the
requirements of the state or federal financial aid programs of origination; and
(3) if the student chooses to withdraw, the student has the right to be readmitted
and reenrolled as a student at the postsecondary education institution, without penalty or
redetermination of admission eligibility, within two years following release from the state or
federal active military service or following completion of medical treatment or sufficient recovery
from the person's medical condition.
(c) The protections in this section may be invoked as follows:
(1) the qualified person or qualified student, or an appropriate officer from the military
organization in which the person will be serving, or an appropriate medical authority or the
person's authorized caregiver or family member, must give advance verbal or written notice that
the person is being ordered to active military service or will be undertaking medical treatment or a
period of recovery for a medical condition;
(2) advance notice is not required if the giving of notice is precluded by military or
medical necessity or, under all the relevant circumstances, the giving of notice is impossible
or unreasonable; and
(3) upon written request from the postsecondary institution, the person must provide written
verification of the order to active service or of the existence of the medical condition or medical
treatment.
(d) This section provides minimum protections for qualified students. Nothing in this section
prevents postsecondary institutions from providing additional options or protections to students
who are ordered to active military service or are undertaking medical treatment or a period of
recovery from a medical condition.
    Subd. 2. Renewal of professional license, driver's license and motor vehicle registration.
(a) The renewal of a license or certificate of registration for a person who has been ordered to
active military service and who is required by law to be licensed or registered in order to carry
on or practice a trade, employment, occupation, or profession in the state is governed under
sections 326.55 and 326.56.
(b) The renewal of a driver's license for a person who has been ordered to active military
service is governed under section 171.27.
(c) The renewal and payment of the motor vehicle registration tax for a vehicle of a person
who has been ordered to active military service is governed under section 168.031.
    Subd. 3. Unpaid leave to attend military ceremonies. Employees are entitled to unpaid
leave, as required by section 181.948, to attend the send-off or homecoming ceremony of an
immediate family member who, as a member of the United States armed forces, has been
mobilized for active military service in support of a war or other national emergency.
    Subd. 4. Unpaid leave for families of injured or deceased military members. Employees
are entitled to unpaid leave, as required by section 181.947, when an immediate family member,
as a member of the United States armed forces, has been injured or killed while engaged in
active service.
History: 2002 c 284 s 2; 2004 c 279 art 1 s 25; 2005 c 107 art 2 s 52; 1Sp2005 c 6 art 3 s
83; 2006 c 273 s 7,8

192.503 AMATEUR ATHLETICS.
    (a) If a Minnesota resident who is a member of the Minnesota National Guard or any other
reserve unit of the United States armed forces is a qualified member of a team governed by an
amateur athletic association in this state upon being ordered into active military service, as defined
in section 190.05, subdivision 5b or 5c, then that person is a qualified member of that team and
association during periodic leave and upon release or discharge from that active military service,
irrespective of the length of time that the person has served in that active military service, and
the member must be given the same eligibility status and consideration for participation in both
regular and postseason play by the team and association as if the member had been present and
participating in play during the entire period of the person's military service.
    (b) This section does not apply to public or private high schools or postsecondary educational
institutions.
History: 2007 c 45 art 3 s 4

192.51    Subdivision 1.[Repealed, 1978 c 532 s 2]
    Subd. 2.[Repealed, 1997 c 24 s 27]

192.515 NATIONAL GUARD NONAPPROPRIATED FUND INSTRUMENTALITY.
    Subdivision 1. Establishment. The adjutant general may establish a Minnesota National
Guard Nonappropriated Fund Instrumentality to create, operate, and maintain morale, welfare,
and recreation facilities and activities at Camp Ripley and other property owned, leased, or
otherwise controlled by the Minnesota National Guard.
    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
    (b) "Instrumentality" means the Minnesota National Guard Nonappropriated Fund
Instrumentality.
    (c) "Morale, welfare, and recreation facility or activity" refers to a facility or activity intended
to provide recreational opportunities, promote unit and individual morale, and generally improve
the welfare of Minnesota National Guard personnel at Camp Ripley or other properties owned,
leased, or otherwise controlled by the Minnesota National Guard. It does not include facilities or
services provided by the Army and Air Force Exchange Service. It also does not include facilities
or services provided by other instrumentalities through the use of appropriated funds.
    Subd. 3. Use of National Guard lands. The adjutant general may authorize Minnesota
National Guard lands and facilities to be used in support of morale, welfare, and recreation
activities under this section. That use must not interfere with military operations or training.
    Subd. 4. Funds. (a) Except as otherwise specifically authorized in this section, no general
fund money or other state funds may be deposited in any of the funds and accounts established
under this section.
    (b) The instrumentality is authorized to accept donations or gifts from public or private
sources for purposes authorized under this section, including, but not limited to, federal funds
made available to the National Guard for related activities and money received from recycling
activities to the extent authorized by federal regulation.
    (c) Money received from operation of activities under this section, including, but not limited
to, user fees and rental charges must be deposited and managed consistent with this subdivision.
    (d) The adjutant general may transfer funds from any existing morale, welfare, or recreation
fund outside the state treasury to the instrumentality.
    (e) Money received by the instrumentality must be deposited in the Minnesota National
Guard morale, welfare, and recreation fund. The Minnesota National Guard morale, welfare, and
recreation fund is established outside the state treasury. The adjutant general may spend money in
the fund for morale, welfare, or recreation facilities or activities as authorized by this section.
    (f) Accounts or funds created under this section must be audited annually by officers of the
military forces detailed by the adjutant general as military auditors.
    Subd. 5. Rules. The adjutant general must adopt rules for the establishment, management,
and operation of the instrumentality consistent with this section.
History: 2007 c 45 art 3 s 5

192.52 EXPENSES OF MILITARY FORCES ORDERED TO ACTIVE DUTY.
In all cases where any of the military forces are called into active service by the governor and
where no funds otherwise appropriated are available therefor, or where the appropriated funds,
if any, are insufficient, the adjutant general shall pay the necessary amounts out of the general
fund, and the necessary sums are hereby appropriated. No payment shall be made pursuant to this
section until the adjutant general has given the commissioner of finance an estimate of the cost of
the active service, the commissioner of finance has reported the estimate to the Committee on
Finance of the senate and the Committee on Ways and Means of the house of representatives,
and the commissioner of finance has approved the payment. When the active service has been
completed, the commissioner of finance shall report the actual cost to the Committee on Finance
of the senate and the Committee on Ways and Means of the house of representatives.
History: (2453) 1921 c 506 s 59; 1943 c 108 s 23; 1969 c 399 s 49; 1973 c 492 s 14;
1977 c 403 s 7; 1986 c 444; 1994 c 525 s 1

192.53 [Repealed, 1947 c 125 s 22]

192.54 TRANSPORTATION HIRE AND EXPENSE.
The hire and expense of means of transportation required for the military forces when in
active service, including camps of instruction, practice marches, parades, maneuvers, and other
authorized purposes, when ordered by the governor as commander-in-chief, shall be paid by the
adjutant general out of the funds appropriated for the maintenance of the military forces.
History: (2458) 1921 c 506 s 64; 1943 c 108 s 27; 1971 c 202 s 8

192.55 PAYMENTS TO BE MADE THROUGH ADJUTANT GENERAL.
All pay and allowances and necessary expenses for any of the military forces shall, when
approved by the adjutant general, be paid by commissioner of finance's warrants issued to the
several officers and enlisted members entitled thereto; provided, that upon the request of the
adjutant general, approved by the governor, the sum required for any such pay or allowances and
necessary expenses shall be paid by commissioner of finance's warrant to the adjutant general,
who shall immediately pay and distribute the same to the several officers or enlisted members
entitled thereto or to their commanding officers or to a finance officer designated by the adjutant
general. The receipt of any such commanding officer or finance officer for any such payment
shall discharge the adjutant general from liability therefor. Every commanding officer or finance
officer receiving any such payment shall, as soon as practicable, pay and distribute the same to
the several officers or enlisted members entitled thereto. The officer making final payment shall,
as evidence thereof, secure the signature of the person receiving the same upon a payroll or
other proper voucher.
History: (2459) 1921 c 506 s 65; 1943 c 108 s 28; 1949 c 459 s 5; 1973 c 492 s 14; 1986
c 444

192.551 ARMY REGULATIONS TO APPLY.
All money and property received from any source for the military forces must be kept,
disbursed, and accounted for as prescribed by army regulations, where applicable, otherwise as
prescribed by state rules. All such accounts must be examined and audited at least once annually by
officers of the military forces detailed by the adjutant general as military auditors. The legislative
auditor may also audit those activities of the accounts that are subject to state law or rule.
History: 1943 c 108 s 29; 1973 c 492 s 14; 1977 c 347 s 32; 1985 c 248 s 70; 1997 c 7
art 2 s 25; 1999 c 99 s 14

192.56 [Repealed, 1971 c 202 s 11]

192.57 [Repealed, 1971 c 202 s 11]

192.58 [Repealed, 1971 c 202 s 11]

MILITARY COURTS

192.59 [Repealed, 1963 c 661 s 192A.67]

192.60 [Repealed, 1963 c 661 s 192A.67]

192.61 FORMS, PRACTICE, PROCEDURE.
The forms, practice, and procedure of courts of inquiry and courts-martial shall conform
to the procedure of similar courts in the armed forces of the United States except when it is
expressly provided otherwise by chapter 192A.
History: (2464) 1921 c 506 s 70; 1963 c 550 s 2; 1971 c 202 s 9

192.62 [Repealed, 1963 c 661 s 192A.67]

192.63 [Repealed, 1963 c 661 s 192A.67]

192.64 [Repealed, 1963 c 661 s 192A.67]

192.65 [Repealed, 1963 c 661 s 192A.67]

192.66 DESERTION.
Desertion in the military forces shall be as defined in the Minnesota Code of Military Justice.
But if any enlisted member is known to have removed from the state, and, through ignorance or
neglect, has failed to apply for discharge, a discharge may be requested by that enlisted member's
immediate commanding officer.
History: (2469) 1921 c 506 s 75; 1963 c 550 s 3; 1986 c 444

192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES.
When any felony is committed by any officer or enlisted member of the military forces while
on duty status other than active state duty, the officer or enlisted member shall be turned over by
superior officers to the proper civil authorities of the county or municipality in which the offense
occurred for punishment for such crime, but such trial and punishment by the civil authorities
shall not preclude trial and additional punishment or dismissal from the service by court-martial
for any military offense resulting from the commission of said crime.
History: (2471) 1921 c 506 s 77; 1963 c 550 s 4; 1986 c 444

192.68 COURTS, COMPENSATION; DISPOSITION OF FINES.
    Subdivision 1. Transportation; per diem. Members of general and special courts-martial
and courts of inquiry shall be allowed transportation in kind, and per diem pay as per military
grade for time actually employed in the duties assigned them. Transportation in kind shall be
furnished to all prosecutors, prisoners, witnesses, and sheriffs, to and from the place or places
designated for meetings of these courts. The per diem pay of military and civilian witnesses shall
be the same as in civil courts of law, and be paid by the adjutant general out of the appropriation
for the maintenance of the National Guard.
    Subd. 2. Fines; costs of prosecution. The proceeds of all fines in summary, general, and
special court-martial cases shall be paid to the adjutant general and paid into the maintenance
fund of the National Guard, and all costs of prosecution shall be paid out of the same fund.
    Subd. 3. Fees for executing warrants or process. Civil officers and National Guard
members executing the warrants or process of a military court shall receive as compensation
therefor the fees allowed by law for like service in the civil courts, which fees are to be taxed
by such court and, in summary cases, paid out of the military fund of the company of which the
accused is a member. All fees and expenses of trial in general and special courts-martial cases and
the fees of jailors in all cases for the keep of prisoners shall be paid by the adjutant general out of
the funds appropriated for the maintenance of the National Guard. No fees shall be allowed or
paid to such officers unless an itemized statement thereof is endorsed on and forthwith returned
with such warrant or process to the court issuing the same.
History: (2472) 1921 c 506 s 78; 1963 c 550 s 5; 1986 c 444; 2005 c 10 art 2 s 4

192.69 [Repealed, 1963 c 661 s 192A.67]

192.70 [Repealed, 1963 c 661 s 192A.67]

192.71 [Repealed, 1963 c 661 s 192A.67]

192.72 [Repealed, 1963 c 550 s 6]

192.73 [Repealed, 1963 c 661 s 192A.67]

192.74 [Repealed, 1963 c 661 s 192A.67]

192.75 [Repealed, 1963 c 661 s 192A.67]

192.76 [Repealed, 1963 c 661 s 192A.67]

192.77 [Repealed, 1963 c 661 s 192A.67]

192.78 [Repealed, 1963 c 661 s 192A.67]

192.79 [Repealed, 1963 c 661 s 192A.67]

192.80 [Repealed, 1963 c 661 s 192A.67]

192.81 [Repealed, 1963 c 661 s 192A.67]

192.82 OFFENDERS MAY BE COMMITTED TO JAIL.
In default of payments of any fine, forfeiture, or costs, imposed by any military court after
approval of sentence by the reviewing authority, the offender shall be committed to any county jail
designated by the court for a period equal to one day for each dollar of fine imposed and unpaid.
History: (2487) 1921 c 506 s 93

192.83 [Repealed, 1963 c 661 s 192A.67]

192.84 [Repealed, 1963 c 661 s 192A.67]

192.85 CIVIL OFFICERS SHALL BE GUILTY OF MISDEMEANORS FOR REFUSAL
TO ACT.
Any sheriff, jailer, or other civil officer named in the Military Code, who shall neglect or
refuse to obey, execute or return the lawful warrant or other process of a military court, or make a
false return thereon, shall be guilty of a misdemeanor and in addition to the penalties attaching
thereto, shall forfeit $50 for each offense or neglect of duty, the same to be recovered in civil
action against such officer and the official sureties by the adjutant general for the benefit of
the maintenance fund of the National Guard.
History: (2490) 1921 c 506 s 96; 1986 c 444; 2005 c 10 art 2 s 4

192.86 [Repealed, 1963 c 550 s 6]

192.87 [Repealed, 1963 c 661 s 192A.67]

NATIONAL GUARD MUTUAL ASSISTANCE

COUNTERDRUG ACTIVITIES COMPACT

192.88 NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES
COMPACT.
The National Guard Mutual Assistance Counterdrug Activities Compact is ratified, enacted
into law, and entered into by this state as a party with any other state or province which, pursuant
to Article 2 of the compact has legally joined in it in the form substantially as follows:
The party states solemnly agree:

ARTICLE 1

PURPOSE
The purposes of this compact are to:
A. provide for mutual assistance and support among the party states in the utilization of the
National Guard in drug interdiction, counterdrug, and demand reduction activities;
B. permit the National Guard of this state to enter into mutual assistance and support
agreements, on the basis of need, with one or more law enforcement agencies operating within
this state, for activities within this state, or with a National Guard of one or more other states,
whether said activities are within or without this state, in order to facilitate and coordinate
efficient, cooperative enforcement efforts directed toward drug interdiction, counterdrug
activities, and demand reduction;
C. permit the National Guard of this state to act as a receiving and a responding state as
defined within this compact and to ensure the prompt and effective delivery of National Guard
personnel, assets, and services to agencies or areas that are in need of increased support and
presence;
D. permit and encourage a high degree of flexibility in the deployment of National Guard
forces in the interest of efficiency;
E. maximize the effectiveness of the National Guard in those situations which call for its
utilization under this compact;
F. provide protection for the rights of National Guard personnel when performing duty
in other states in counterdrug activities; and
G. ensure uniformity of state laws in the area of National Guard involvement in interstate
counterdrug activities by incorporating said uniform laws within the compact.

ARTICLE 2

ENTRY INTO FORCE AND WITHDRAWAL
A. This compact shall enter into force when enacted into law by any two states. Thereafter,
this compact shall become effective as to any other state upon its enactment thereof.
B. Any party state may withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the governor of the withdrawing state
has given notice in writing of such withdrawal to the governors of all other party states.

ARTICLE 3

MUTUAL ASSISTANCE AND SUPPORT
A. As used in this article:
1. "Drug interdiction and counterdrug activities" means the use of National Guard personnel,
while not in federal service, in any law enforcement support activities that are intended to reduce
the supply or use of illegal drugs in the United States. The activities include, but are not limited to:
(a) providing information obtained during either the normal course of military training or
operations or during counterdrug activities to federal, state, and local law enforcement officials
that may be relevant to a violation of any federal or state law within the jurisdiction of such
officials;
(b) making available any equipment (including associated supplies or spare parts), base
facilities, or research facilities of the National Guard to any federal, state, or local civilian law
enforcement official for law enforcement purposes, in accordance with other applicable law or
regulation;
(c) providing available National Guard personnel to train federal, state, or local civilian law
enforcement in the operation and maintenance of equipment, including equipment made available
above, in accordance with other applicable law;
(d) providing available National Guard personnel to operate and maintain equipment
provided to federal, state, or local law enforcement officials pursuant to activities defined and
referred to in this compact;
(e) operation and maintenance of equipment and facilities of the National Guard or law
enforcement agencies used for the purposes of drug interdiction and counterdrug activities;
(f) providing available National Guard personnel to operate equipment for the detection,
monitoring, and communication of the movement of air, land, and sea traffic, to facilitate
communications in connection with law enforcement programs, to provide transportation
for civilian law enforcement personnel, and to operate bases of operations for civilian law
enforcement personnel;
(g) providing available National Guard personnel, equipment, and support for administrative,
interpretive, analytic, or other purposes;
(h) providing available National Guard personnel and equipment to aid federal, state, and
local officials and agencies otherwise involved in the prosecution or incarceration of individuals
processed within the criminal justice system who have been arrested for criminal acts involving
the use, distribution, or transportation of controlled substances as defined in United States Code,
title 21, section 801 et seq. or otherwise by law, in accordance with applicable law.
2. "Demand reduction" means providing available National Guard personnel, equipment,
support, and coordination to federal, state, local, and civic organizations, institutions, and agencies
for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs.
3. "Requesting state" means that state whose governor requested assistance in the area
of counterdrug activities.
4. "Responding state" means the state furnishing assistance, or requested to furnish
assistance, in the area of counterdrug activities.
5. "Law enforcement agency" means a lawfully established federal, state, or local public
agency that is responsible for the prevention and detection of crime and the enforcement of penal,
traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.
6. "Official" means the appointed, elected, designated, or otherwise duly selected
representative of an agency, institution, or organization authorized to conduct those activities for
which support is requested.
7. "Mutual assistance and support agreement" or "agreement" means an agreement between
the National Guard of this state and one or more law enforcement agencies or between the
National Guard of this state and the National Guard of one or more other states, consistent with
the purposes of this compact.
8. "Party state" refers to a state that has lawfully enacted this compact.
9. "State" means each of the several states of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or possession of the United States.
B. Upon the request of a governor of a party state for assistance in the area of drug
interdiction and counterdrug activities and demand reduction, the governor of a responding state
shall have authority under this compact to send without the borders of his or her state and place
under the temporary operational control of the appropriate National Guard or other military
authorities of the requesting state, for the purposes of providing such requested assistance, all or
any part of the National Guard forces of his or her state as he or she may deem necessary, and the
exercise of his or her discretion in this regard shall be conclusive.
C. The governor of a party state may, within his or her discretion, withhold the National
Guard forces of his or her state from such use and recall any forces or part or member thereof
previously deployed in a requesting state.
D. The National Guard of this state is hereby authorized to engage in counterdrug activities
and demand reduction.
E. The adjutant general of this state, in order to further the purposes of this compact, may
enter into a mutual assistance and support agreement with one or more law enforcement agencies
of this state, including federal law enforcement agencies operating within this state, or with the
National Guard of one or more other party states to provide personnel, assets, and services in the
area of counterdrug activities, and demand reduction provided that all parties to the agreement are
not specifically prohibited by law to perform said activities.
F. The agreement must set forth the powers, rights, and obligations of the parties to the
agreement, where applicable, as follows:
1. its duration;
2. the organization, composition, and nature of any separate legal entity created thereby;
3. the purpose of the agreement;
4. the manner of financing the agreement and establishing and maintaining its budget;
5. the method to be employed in accomplishing the partial or complete termination of the
agreement and for disposing of property upon such partial or complete termination;
6. provision for administering the agreement, which may include creation of a joint board
responsible for such administration;
7. the manner of acquiring, holding, and disposing of real and personal property used in
this agreement, if necessary;
8. the minimum standards for National Guard personnel implementing the provisions of
this agreement;
9. the minimum insurance required of each party to the agreement, if necessary;
10. the chain of command or delegation of authority to be followed by National Guard
personnel acting under the provisions of the agreement;
11. the duties and authority that the National Guard personnel of each party state may
exercise; and
12. any other necessary and proper matters.
Agreements prepared under the provisions of this statute are exempt from any general law
pertaining to intergovernmental agreements.
G. As a condition precedent to an agreement becoming effective under this article, the
agreement must be submitted to and receive approval of the Office of the Attorney General of
Minnesota. The attorney general of Minnesota may delegate his or her approval authority to the
appropriate attorney for the Minnesota National Guard subject to those conditions which he or
she decides are appropriate. The delegation must be in writing.
1. The attorney general, or his or her agent in the Minnesota National Guard as stated above,
shall approve an agreement submitted to him or her under this article unless he or she finds that it
is not in proper form, does not meet the requirements set forth in this article, or otherwise does not
conform to the laws of Minnesota. If the attorney general disapproves an agreement, he or she
shall provide a written explanation to the adjutant general of the Minnesota National Guard.
2. If the attorney general, or his or her authorized agent as stated above, does not disapprove
an agreement within 30 days after its submission to him or her, it is considered approved by
him or her.
H. Whenever National Guard forces of any party state are engaged in the performance of
duties, in the area of drug interdiction and counterdrug activities and demand reduction, pursuant
to orders, they shall not be held personally liable for any acts or omissions which occur during the
performance of their duty.

ARTICLE 4

RESPONSIBILITIES
A. Nothing in this compact shall be construed as a waiver of any benefits, privileges,
immunities, or rights otherwise provided for National Guard personnel performing duty pursuant
to United States Code, title 32, nor shall anything in this compact be construed as a waiver
of coverage provided for under the Federal Tort Claims Act. In the event that National Guard
personnel performing counterdrug activities do not receive rights, benefits, privileges, and
immunities otherwise provided for National Guard personnel as stated above, the following
provisions shall apply:
1. Whenever National Guard forces of any responding state are engaged in another state
in carrying out the purposes of this compact, the members thereof so engaged shall have the
same powers, duties, rights, privileges, and immunities as members of National Guard forces
of the requesting state. The requesting state shall save and hold members of the National Guard
forces of responding states harmless from civil liability, except as otherwise provided herein, for
acts or omissions which occurred in the performance of their duty while engaged in carrying
out the purposes of this compact, whether responding forces are serving the requesting state
within the borders of the responding state or are attached to the requesting state for purposes of
operational control.
2. Subject to the provisions of paragraphs 3, 4, and 5 of this article, all liability that may arise
under the laws of the requesting state or the responding states, on account of or in connection with
a request for assistance or support, shall be assumed and borne by the requesting state.
3. Any responding state rendering aid or assistance pursuant to this compact shall be
reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation
of, any equipment answering a request for aid, and for the cost of the materials, transportation,
and maintenance of National Guard personnel and equipment incurred in connection with such
request, provided that nothing herein contained shall prevent any responding state from assuming
such loss, damage, expense, or other cost.
4. Unless there is a written agreement to the contrary, each party shall provide, in the same
amounts and manner as if they were on duty within their state, for pay and allowances of the
personnel of its National Guard units while engaged without the state pursuant to this compact
and while going to and returning from such duty pursuant to this compact.
5. Each party state providing for the payment of compensation and death benefits to injured
members and the representatives of deceased members of its National Guard forces in case
such members sustain injuries or are killed within their own state shall provide for the payment
of compensation and death benefits in the same manner and on the same terms in the event
such members sustain injury or are killed while rendering assistance or support pursuant to
this compact. Such benefits and compensation shall be deemed items of expense reimbursable
pursuant to paragraph 3 of this article.
B. Officers and enlisted personnel of the National Guard performing duties subject to proper
orders pursuant to this compact shall be subject to and governed by the provisions of their home
state Code of Military Justice whether they are performing duties within or without their home
state. In the event that any National Guard member commits, or is suspected of committing, a
criminal offense while performing duties pursuant to this compact without his or her home state,
he or she may be returned immediately to his or her home state and said home state shall be
responsible for any disciplinary action to be taken. However, nothing in this paragraph shall
abrogate the general criminal jurisdiction of the state in which the offense occurred.

ARTICLE 5

DELEGATION
Nothing in this compact shall be construed to prevent the governor of a party state from
delegating any of his or her responsibilities or authority respecting the National Guard, provided
that such delegation is otherwise in accordance with law. For purposes of this compact, however,
the governor shall not delegate the power to request assistance from another state.

ARTICLE 6

LIMITATIONS
Nothing in this compact shall:
1. authorize or permit National Guard units or personnel to be placed under the operational
control of any person not having the National Guard rank or status required by law for the
command in question; or
2. deprive a properly convened court of jurisdiction over an offense or a defendant merely
because of the fact that the National Guard, while performing duties pursuant to this compact, was
utilized in achieving an arrest or indictment.

ARTICLE 7

CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of
this compact is declared to be contrary to the Constitution of the United States or of any state
or the applicability thereof to any government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating herein, the compact shall remain in full force
and effect as to the remaining party states and in full force and effect as to the state affected
as to all severable matters.
History: 1993 c 237 s 1

INTERSTATE EMERGENCY MANAGEMENT ASSISTANCE COMPACT

192.89 INTERSTATE EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
    Subdivision 1. Article I - purpose and authorities. This compact is made and entered into
by and between the participating member states which enact this compact, hereinafter called party
states. For the purposes of this agreement, the term "states" is taken to mean the several states,
the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial
possessions.
The purpose of this compact is to provide for mutual assistance between the states entering
into this compact in managing any emergency or disaster that is duly declared by the governor of
an affected state, whether arising from natural disaster, technological hazard, artificially created
disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or
enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises,
testing, or other training activities using equipment and personnel simulating performance of any
aspect of the giving and receiving of aid by party states or subdivisions of party states during
emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance
in this compact may include the use of the states' National Guard forces, either in accordance with
the National Guard Mutual Assistance Compact or by mutual agreement between states.
    Subd. 2. Article II - general implementation. Each party state entering into this
compact recognizes many emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and other emergencies under this
compact. Each state further recognizes that there will be emergencies which require immediate
access and present procedures to apply outside resources to make a prompt and effective response
to such an emergency. This is because few, if any, individual states have all the resources they
may need in all types of emergencies or the capability of delivering resources they may need in all
types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including
any resources on hand or available from the federal government or any other source, that are
essential to the safety, care, and welfare of the people in the event of any emergency or disaster
declared by a party state, shall be the underlying principle on which all articles of this compact
shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated
state official who is assigned responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and procedures necessary to implement
this compact.
    Subd. 3. Article III - party state responsibilities. (a) It shall be the responsibility of
each party state to formulate procedural plans and programs for interstate cooperation in the
performance of the responsibilities listed in this subdivision. In formulating such plans, and in
carrying them out, the party states, insofar as practical, shall:
(1) review individual state hazards analyses and, to the extent reasonably possible, determine
all those potential emergencies the party states might jointly suffer, whether due to natural
disaster, technological hazard, artificially created disaster, emergency aspects of resource
shortages, civil disorders, insurgency, or enemy attack;
(2) review party states' individual emergency plans and develop a plan which will determine
the mechanism for the interstate management and provision of assistance concerning any
potential emergency;
(3) develop interstate procedures to fill any identified gaps and to resolve any identified
inconsistencies or overlaps in existing or developed plans;
(4) assist in warning communities adjacent or crossing the state boundaries;
(5) protect and assure uninterrupted delivery of services, medicines, water, food, energy and
fuel, search and rescue, and critical lifeline equipment, services, and resources, both human
and material;
(6) inventory and set procedures for the interstate loan and delivery of human and material
resources, together with procedures for reimbursement or forgiveness; and
(7) provide, to the extent authorized by law, for temporary suspension of any statutes or
ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance of another party
state by contacting the authorized representative of that state. The provisions of this agreement
shall only apply to requests for assistance made by and to authorized representatives. Requests
may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of
the verbal request. Requests shall provide the following information:
(1) a description of the emergency service function for which assistance is needed, such
as, but not limited to, fire services, law enforcement, emergency medical, transportation,
communications, public works and engineering, building inspection, planning and information
assistance, mass care, resource support, health and medical services, and search and rescue;
(2) the amount and type of personnel equipment, materials, and supplies needed, and a
reasonable estimate of the length of time they will be needed; and
(3) the specific place and time for staging of the assisting party's response and a point of
contact at that location.
(c) There shall be frequent consultation between state officials who have assigned emergency
management responsibilities and other appropriate representatives of the party states with affected
jurisdictions and the United States government, with free exchange of information, plans, and
resource records relating to emergency capabilities.
    Subd. 4. Article IV - limitations. Any party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is necessary to provide and make
available the resources covered by this compact in accordance with the terms hereof; provided
that it is understood that the state rendering aid may withhold resources to the extent necessary to
provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating
within its state limits under the terms and conditions of this compact, the same powers (except that
of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are
afforded forces of the state in which they are performing emergency services. Emergency forces
will continue under the command and control of their regular leaders, but the organizational units
will come under the operational control of the emergency services authorities of the state receiving
assistance. These conditions may be activated, as needed, only subsequent to a declaration of a
state of emergency or disaster by the governor of the party state that is to receive assistance or
commencement of exercises or training for mutual aid and shall continue so long as the exercises
or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or
loaned resources remain in the receiving state, whichever is longer.
    Subd. 5. Article V - licenses and permits. Whenever any person holds a license, certificate,
or other permit issued by any state party to the compact evidencing the meeting of qualifications
for professional, mechanical, or other skills, and when such assistance is requested by the
receiving party state, such person shall be deemed licensed, certified, or permitted by the state
requesting assistance to render aid involving such skill to meet a declared emergency or disaster,
subject to such limitations and conditions as the governor of the requesting state may prescribe by
executive order or otherwise.
    Subd. 6. Article VI - liability. Officers or employees of a party state rendering aid in another
state pursuant to this compact shall be considered agents of the requesting state for tort liability
and immunity purposes; and no party state or its officers or employees rendering aid in another
state pursuant to this compact shall be liable on account of any act or omission in good faith on the
part of such forces while so engaged or on account of the maintenance or use of any equipment
or supplies in connection therewith. "Good faith" in this subdivision does not include willful
misconduct, gross negligence, or recklessness.
    Subd. 7. Article VII - supplementary agreements. Inasmuch as it is probable that the
pattern and detail of the machinery for mutual aid among two or more states may differ from
that among the states that are party hereto, this instrument contains elements of a broad base
common to all states, and nothing herein contained shall preclude any state from entering
into supplementary agreements with another state or affect any other agreements already in
force between states. Supplementary agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other persons and the exchange of medical,
fire, police, public utility, reconnaissance, welfare, transportation and communications personnel,
and equipment and supplies.
    Subd. 8. Article VIII - compensation. Each party state shall provide for the payment of
compensation and death benefits to injured members of the emergency forces of that state and
representatives of deceased members of such forces in case such members sustain injuries or are
killed while rendering aid pursuant to this compact, in the same manner and on the same terms
as if the injury or death were sustained within their own state.
    Subd. 9. Article IX - reimbursement. Any party state rendering aid in another state
pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss
or damage to or expense incurred in the operation of any equipment and the provision of any
service in answering a request for aid and for the costs incurred in connection with such requests;
provided, that any aiding party state may assume in whole or in part such loss, damage, expense,
or other cost, or may loan such equipment or donate such services to the receiving party state
without charge or cost; and provided further, that any two or more party states may enter into
supplementary agreements establishing a different allocation of costs among those states. Article
VIII expenses shall not be reimbursable under this provision.
    Subd. 10. Article X - evacuation. Plans for the orderly evacuation and interstate reception
of portions of the civilian population as the result of any emergency or disaster of sufficient
proportions to so warrant, shall be worked out and maintained between the party states and
the emergency management/services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put into effect by request of the
state from which evacuees come and shall include the manner of transporting such evacuees;
the number of evacuees to be received in different areas; the manner in which food, clothing,
housing, and medical care will be provided; the registration of the evacuees; the providing of
facilities for the notification of relatives or friends; and the forwarding of such evacuees to other
areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans
shall provide that the party state receiving evacuees and the party state from which the evacuees
come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving
and caring for such evacuees; for expenditures for transportation, food, clothing, medicine, and
medical care; and like items. Such expenditures shall be reimbursed as agreed by the party state
from which the evacuees come. After the termination of the emergency or disaster, the party
state from which the evacuees come shall assume the responsibility for the ultimate support of
repatriation of such evacuees.
    Subd. 11. Article XI - implementation. (a) This compact shall become operative
immediately upon its enactment into law by any two states; thereafter, this compact shall become
effective as to any other state upon its enactment by such state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing
state has given notice in writing of such withdrawal to the governors of all other party states.
Such action shall not relieve the withdrawing state from obligations assumed hereunder prior
to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of such supplementary agreements as may
be entered into shall, at the time of their approval, be deposited with each of the party states
and with the Federal Emergency Management Agency and other appropriate agencies of the
United States government.
    Subd. 12. Article XII - validity. This section shall be construed to effectuate the purposes
stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the
applicability thereof to any person or circumstances is held invalid, the constitutionality of the
remainder of this compact and the applicability thereof to other persons and circumstances shall
not be affected thereby.
    Subd. 13. Article XIII - additional provisions. Nothing in this compact shall authorize or
permit the use of military force by the National Guard of a state at any place outside that state
in any emergency for which the President of the United States is authorized by law to call into
federal service the militia, or for any purpose for which the use of the army or the air force
would, in the absence of express statutory authorization, be prohibited under United States Code,
title 18, section 1385.
History: 1998 c 298 s 1