CHAPTER 193. ARMORIES
Table of Sections
|193.13||193.01-193.13 Repealed, 1947 c 133 s 10; 1949 c 459 s 4
|193.14||Repealed, 1947 c 133 s 10; 1949 c 459 s 4
|193.141||CONSTRUCTION OF ARMORIES.|
|193.142||MINNESOTA STATE ARMORY BUILDING COMMISSION.|
|193.143||STATE ARMORY BUILDING COMMISSION, POWERS.|
|193.1431||Repealed, 1977 c 219 s 4
|193.145||FUNDS FOR CONSTRUCTION OF ARMORY; TAX LEVY.|
|193.146||ISSUANCE OF BONDS.|
|193.148||CONVEYANCE TO STATE.|
|193.149||EXAMINATION BY LEGISLATIVE AUDITOR.|
|193.18||Repealed, 1969 c 40 s 12
|193.19||Repealed, 1969 c 40 s 12
|193.20||Repealed, 1969 c 40 s 12
|193.22||JOINT ARMORIES AND MUNICIPAL BUILDINGS.|
|193.27||DISPOSITION OF UNUSED FUNDS.|
|193.29||CONTROL OF NEW ARMORY.|
|193.30||MANAGEMENT OF ARMORY BOARD.|
|193.31||CONTROL OF DRILL HALL.|
|193.32||Repealed, 1963 c 436 s 2
|193.33||Repealed, 1971 c 202 s 11
|193.331||LIQUOR IN ARMORIES; PENALTY.|
|193.34||USE OF ARMORIES BY PATRIOTIC AND SERVICE MEMBER'S ORGANIZATIONS.|
|193.35||Repealed, 1983 c 301 s 235
|193.37||COUNTIES CONTAINING CITY OF FIRST CLASS; APPLICATION.|
|193.38||CITY FACILITIES SHARED WITH ARMORIES.|
Subdivision 1. Scope.
For the purposes of sections
, the terms defined in
this section have the meanings ascribed to them.
Subd. 2. Municipality.
"Municipality" includes cities.
Subd. 3. Corporation.
"Corporation" means the Minnesota State Armory Building
Commission created as a corporation by section
193.142, subdivision 1
Subd. 4. Armory.
"Armory" means a building, vehicle storage compound, organizational
maintenance shop, or other facility permanently used by the National Guard for the storage and
maintenance of arms and military equipment, and the training of National Guard personnel.
History: 1955 c 18 s 1; 1973 c 123 art 5 s 7; 1974 c 95 s 1
193.141 CONSTRUCTION OF ARMORIES.
Subdivision 1. Construction by counties or municipalities.
In any county or municipality
of this state in which there shall at the time be stationed one or more units of the National Guard,
and in which the adjutant general shall deem it necessary or expedient to construct an armory, an
armory may be constructed and the cost thereof paid as hereinafter provided.
Subd. 2. Construction on state military camping grounds.
Whenever the adjutant
general shall deem it necessary or expedient that an armory be constructed upon a state military
camping ground, to be used principally by any unit or units of the National Guard stationed at a
municipality in the vicinity thereof, such armory may be constructed and the cost thereof paid in
the manner hereinafter provided for the construction of armories in municipalities.
History: 1947 c 133 s 1; 1955 c 18 s 2; 1969 c 40 s 1; 1977 c 11 s 5; 1987 c 384 art 2 s 48
193.142 MINNESOTA STATE ARMORY BUILDING COMMISSION.
Subdivision 1. Corporation created; officers.
For the purpose of constructing armories as
provided by section
, there shall be created a corporation to be known as the "Minnesota
State Armory Building Commission." The members and governing body of such corporation shall
be the adjutant general and not less than two officers of the National Guard of the state above the
grade of major, to be selected and appointed by the adjutant general. The adjutant general shall
be chair of such commission. Such commission shall elect a secretary and a treasurer from the
members thereof other than the adjutant general. The treasurer of the corporation shall give a
security bond to the corporation in such sum as the corporation may determine, conditioned in
like manner to the bonds of treasurers of public bodies, to be approved and filed as the corporation
Subd. 2. Filing; officers; members; vacancy.
Upon the filing with the secretary of state of a
certificate by the adjutant general naming the persons authorized to compose such commission
and corporation, and declaring them to be constituted a commission and corporation hereunder,
such persons shall forthwith become and be such commission and corporation without further
proceeding. In case of a vacancy in the membership of such commission and corporation, the
remaining members, provided there are not less than two, shall have power to act and to elect
such temporary officers of the commission as may be necessary during the existence of the
vacancy. In case of a vacancy in the Office of the Adjutant General, or in case of the incapacity
of the adjutant general to act as a member and chair of such commission, the officer who is
appointed or authorized according to law to exercise the powers of the adjutant general for the
time being, shall during the existence of such vacancy or incapacity act as a member and chair
of such commission and have all the powers and duties herein vested in or imposed upon the
adjutant general as a member and chair of such commission. The adjutant general shall certify to
the secretary of state all changes in the membership of the commission, but failure to do so shall
not affect the authority of any new member of the commission or the validity of any act of the
commission after the accession of a new member.
Subd. 3. Trustee in certain cases.
In case at any time all or all but one of the officers of the
National Guard who are members of the commission or who are eligible to serve as such are in
active service outside the state, or where for any other reason there are not at least two qualified
officers of the National Guard available within the state to serve as members of the commission,
the adjutant general, or in case of incapacity or of a vacancy in that office, the officer who is
appointed or authorized according to law to exercise the powers of the adjutant general for the
time being, shall become trustee of the commission and shall have all the powers and perform all
the duties of the commission and its officers so long as such conditions exist. Upon the occurrence
of such conditions the officer becoming trustee shall file with the secretary of state a certificate
reciting the circumstances and declaring that that officer assumes office as such trustee, and
thereupon shall be deemed to have qualified as such, with all the authority hereby conferred. Any
change in such office shall be likewise certified by the officers succeeding as trustee. Upon the
termination of such conditions, the adjutant general or an authorized substitute shall certify the
circumstances in like manner, with the names of the officers then authorized by law to compose
the commission, and thereupon such officers shall constitute the commission, and the authority of
the trustee shall terminate.
Subd. 4. Continuation.
The Minnesota State Armory Building Commission, authorized by
subdivisions 1, 2, and 3, constitutes a continuation of the commission authorized by Minnesota
Statutes 1945, section
, and not a new authority, for the purpose of succession to all rights,
powers, duties, and obligations of the commission as they existed at the time of the passage of
Laws 1947, chapter 133, except as amended by Laws 1947, chapter 133, with the same force and
effect as if such functions, powers, and duties had not been transferred.
History: 1947 c 133 s 2; 1949 c 459 s 3; 1977 c 11 s 6; 1986 c 444; 1997 c 24 s 15-17
193.143 STATE ARMORY BUILDING COMMISSION, POWERS.
Such corporation, subject to the conditions and limitations prescribed in sections
, shall possess all the powers of a body corporate necessary and convenient to accomplish
the objectives and perform the duties prescribed by sections
, including the
following, which shall not be construed as a limitation upon the general powers hereby conferred:
(1) To acquire by lease, purchase, gift, or condemnation proceedings all necessary right, title,
and interest in and to the lands required for a site for a new armory and all other real or personal
property required for the purposes contemplated by the Military Code and to hold and dispose of
the same, subject to the conditions and limitations herein prescribed; provided that any such real
or personal property or interest therein may be so acquired or accepted subject to any condition
which may be imposed thereon by the grantor or donor and agreed to by such corporation not
inconsistent with the proper use of such property by the state for armory or military purposes
as herein provided.
(2) To exercise the power of eminent domain in the manner provided by chapter 117, for
the purpose of acquiring any property which such corporation is herein authorized to acquire
by condemnation; provided, that the corporation may take possession of any such property so
to be acquired at any time after the filing of the petition describing the same in condemnation
proceedings; provided further, that this shall not preclude the corporation from abandoning the
condemnation of any such property in any case where possession thereof has not been taken.
(3) To construct and equip new armories as authorized herein; to pay therefor out of the funds
obtained as hereinafter provided and to hold, manage, and dispose of such armory, equipment,
and site as hereinafter provided. The total amount of bonds issued on account of such armories
shall not exceed the amount of the cost thereof; provided also, that the total bonded indebtedness
of the commission shall not at any time exceed the aggregate sum of $15,000,000.
(4) To provide partnerships with federal and state governments and to match federal and
local funds, when available.
(5) To sue and be sued.
(6) To contract and be contracted with in any matter connected with any purpose or activity
within the powers of such corporations as herein specified; provided, that no officer or member of
such corporation shall be personally interested, directly or indirectly, in any contract in which
such corporation is interested.
(7) To employ any and all professional and nonprofessional services and all agents,
employees, workers, and servants necessary and proper for the purposes and activities of such
corporation as authorized or contemplated herein and to pay for the same out of any portion of the
income of the corporation available for such purposes or activities. The officers and members of
such corporation shall not receive any compensation therefrom, but may receive their reasonable
and necessary expenses incurred in connection with the performance of their duties; provided
however, that whenever the duties of any member of the commission require full time and
attention the commission may compensate the member therefor at such rates as it may determine.
(8) To borrow money and issue bonds for the purposes and in the manner and within the
limitations herein specified, and to pledge any and all property and income of such corporation
acquired or received as herein provided to secure the payment of such bonds, subject to the
provisions and limitations herein prescribed, and to redeem any such bonds if so provided therein
or in the mortgage or trust deed accompanying the same.
(9) To use for the following purposes any available money received by such corporation
from any source as herein provided in excess of those required for the payment of the cost of such
armory and for the payment of any bonds issued by the corporation and interest thereon according
to the terms of such bonds or of any mortgage or trust deed accompanying the same:
(a) to pay the necessary incidental expenses of carrying on the business and activities of
the corporation as herein authorized;
(b) to pay the cost of operating, maintaining, repairing, and improving such new armories;
(c) if any further excess money remains, to purchase upon the open market at or above or
below the face or par value thereof any bonds issued by the corporation as herein authorized,
provided that any bonds so purchased shall thereupon be canceled.
(10) To adopt and use a corporate seal.
(11) To adopt all needful bylaws and rules for the conduct of business and affairs of such
corporation and for the management and use of all armories while under the ownership and
control of such corporation as herein provided, not inconsistent with the use of such armory for
armory or military purposes.
(12) Such corporation shall issue no stock.
(13) No officer or member of such corporation shall have any personal share or interest in
any funds or property of the corporation or be subject to any personal liability by reason of any
liability of the corporation.
(14) The Minnesota State Armory Building Commission created under section
keep all money and credits received by it as a single fund, to be designated as the "Minnesota
State Armory Building Commission fund," with separate accounts for each armory; and the
commission may make transfers of money from funds appertaining to any armory under its
control for use for any other such armory; provided such transfers shall be made only from money
on hand, from time to time, in excess of the amounts required to meet payments of interest or
principal on bonds or other obligations appertaining to the armory to which such funds pertain and
only when necessary to pay expenses of construction, operation, maintenance, and debt service of
such other armory; provided further, no such transfer of any money paid for the support of any
armory by the municipality in which such armory is situated shall be made by the commission.
(15) The corporation created under section
may designate one or more state or
national banks as depositories of its funds, and may provide, upon such conditions as the
corporation may determine, that the treasurer of the corporation shall be exempt from personal
liability for loss of funds deposited in any such depository due to the insolvency or other acts or
omissions of such depository.
(16) The governor is empowered to apply for grants of money, equipment, and materials
which may be made available to the states by the federal government for leasing, building, and
equipping armories for the use of the military forces of the state which are reserve components of
the armed forces of the United States, whenever the governor is satisfied that the conditions under
which such grants are offered by the federal government, are for the best interests of the state and
are not inconsistent with the laws of the state relating to armories, and to accept such grants in
the name of the state. The Minnesota State Armory Building Commission is designated as the
agency of the state to receive such grants and to use them for armory purposes as prescribed in
this chapter, and by federal laws, and regulations not inconsistent therewith.
History: 1947 c 133 s 3; 1949 c 459 s 2; 1955 c 18 s 3; 1963 c 183 s 1; 1977 c 11 s 7; 1977
c 219 s 1; 1985 c 248 s 70; 1986 c 444; 1988 c 710 s 1; 1997 c 24 s 18; 2000 c 492 art 1 s
57; 2006 c 214 s 20
Subdivision 1. Authority to provide site.
Any county or municipality as defined in section
471.345, subdivision 1
, desiring to construct a new armory may provide a site therefor as
Subd. 2. Acquisition of site; conveyance to corporation.
If such county or municipality as
defined in section
471.345, subdivision 1
, shall desire to have a new armory constructed, such
county or municipality may secure by purchase, gift, or condemnation, and may convey to such
corporation, a site for such new armory approved as suitable therefor by the adjutant general. In
case such site or any part thereof or interest therein is owned or controlled by the board of park
commissioners of such county or municipality or by any other governmental agency therein
except the state or county or municipality, such board or other agency may convey the same by
way of gift or sale to such corporation without charge.
Subd. 3. Outstanding ownership or interest.
In case any person or corporation except such
county, municipality or board of park commissioners or other governmental agency hereinbefore
referred to shall own any lands required for such site, whether provided under subdivision 2 or
under this section, or any interest in any such lands which would interfere with the use thereof
by the state for armory or military purposes, such county or municipality or such board of park
commissioners or other governmental agency may acquire such lands or interest by purchase,
gift, or condemnation and may convey the same by way of gift or sale to such corporation;
provided, that notwithstanding any such outstanding ownership or interest, such corporation may,
in its discretion, with the approval of the adjutant general, accept a conveyance of such lands and
interests in lands for such site as may be owned or controlled by such county, municipality, board
of park commissioners, or other governmental agency, and may acquire by purchase, gift, or
condemnation any further lands or interests in lands that may be required for such site.
Subd. 4. Eminent domain.
The governing body of such county or municipality and such
board of park commissioners and any other governmental agency concerned shall have power to
exercise the power of eminent domain in the manner provided by chapter 117, for the purpose of
acquiring any lands or interests in lands authorized to be acquired as aforesaid.
Subd. 5. Lease of lands by state to corporation.
In the event that the state of Minnesota
shall own any lands or interest in lands included in the site of such existing armory and required
for site of such new armory, such lands or interest therein shall be leased by the state to such
corporation for a period of not exceeding 40 years without any consideration other than the
use of such property by the state for armory or military purposes as herein provided and the
provision hereof for the conveyance to the state of the new armory building and the site thereof.
The adjutant general shall have power to execute such lease to such corporation in the name of the
state; provided, that such corporation shall have no power to mortgage or encumber any lands or
interest so leased to it by the state except to the extent of such leasehold interest and subject to the
conditions and limitations herein prescribed.
Subd. 6. Disposal of unused site.
In case any land acquired for armory site purposes
hereunder has been donated to such corporation or to the state of Minnesota by such county or
municipality or by other governmental agency except the state, and in case such land or any part
thereof shall thereafter not be used for armory purposes for a continuous period of more than ten
years, not including the period of any war or other emergency in which the armed forces of the
state may be engaged, the county or municipality may provide written notice to the adjutant
general and, if the property is not used for armory purposes within one year from the notice, the
adjutant general shall reconvey the property to the donor county or municipality. The adjutant
general may reconvey the property in less than ten years, if the adjutant general determines that
the corporation or the state has no further interest in the property.
History: 1947 c 133 s 4; 1955 c 18 s 4; 1969 c 40 s 2-6; 1971 c 298 s 1; 1997 c 24 s 19-21;
1Sp2001 c 10 art 2 s 65; 2006 c 214 s 20
193.145 FUNDS FOR CONSTRUCTION OF ARMORY; TAX LEVY.
Subdivision 1.[Repealed, 1996 c 310 s 1
Subd. 2. Tax levy.
A county or municipality, as defined in section
471.345, subdivision 1
which an armory has been constructed or is to be constructed hereunder may by resolution of its
governing body irrevocably provide for levying and collecting annually for a specified period, not
exceeding 40 years, a tax on the taxable property in the county or municipality.
The proceeds of the levy shall be paid to the corporation for the purposes herein prescribed.
The county or municipality may make the levies and payments and bind itself thereto by
resolution of its governing body. The provisions of the resolution may be made conditional upon
the giving of an agreement by the adjutant general as authorized in subdivision 4. The obligations
of the county or municipality to levy, collect, and pay over the taxes shall not be deemed to
constitute an indebtedness of the county or municipality within the meaning of any provision
of law or of its charter limiting its total or net indebtedness, and such taxes may be levied and
collected without regard to any charter provision limiting the amount or rate of taxes which such
county or municipality is otherwise authorized to levy.
Subd. 3.[Repealed, 1987 c 384 art 2 s 113
Subd. 4. Payments by adjutant general.
Whether or not bonds are issued, the adjutant
general is hereby authorized to pay to such corporation, out of any money which may from time
to time be appropriated to and for the military department and not appropriated or set apart
for any other specific purpose, the sum of not less than $3,000 per year for each unit of the
National Guard quartered in such armory when only one such unit is so quartered, and the sum
of not less than $2,000 per year for each additional unit when more than one such unit is so
quartered, and may bind the Office of the Adjutant General, both currently and in the future, by
agreement to such corporation to make such payments in a specific amount or amounts out of
such appropriations for a period of not more than 40 years.
Subd. 5. Lease to state.
Upon completion of each new armory such corporation shall lease
the same to the state through the adjutant general, until such armory and site shall be conveyed
to the state as hereinafter provided. Such lease shall be made upon such terms and conditions
as shall secure to the state the full and complete use of such armory, for armory and military
purposes so far as may be required for the headquarters, organizations, and units of the National
Guard stationed in such municipality, and upon such other terms and conditions not inconsistent
therewith as may be agreed upon; provided, that, except for such use of such property for armory
and military purposes which will be secured to the state as aforesaid, such lease shall be subject to
any encumbrance placed upon the property to secure the payment of any bonds issued as herein
provided. No further consideration for such lease shall be required than the payments to be
made by the state as provided by subdivision 4. Otherwise, and so far as it is not inconsistent
with the terms and conditions of such lease to the state and so far as will not interfere with the
use by the state of such property for armory or military purposes, such corporation may lease,
rent, or otherwise make use of such new armory building or any part thereof for such purposes
and upon such terms as such corporation may deem proper, and may use the rents and profits
therefrom for the purposes herein provided.
History: 1947 c 133 s 5; 1963 c 183 s 2,3; 1969 c 40 s 7; 1973 c 583 s 13; 1973 c 773 s 1;
1977 c 11 s 9; 1977 c 219 s 2; 1986 c 444; 1987 c 384 art 2 s 49; 1989 c 277 art 4 s 18; 1994 c
505 art 3 s 5; 1997 c 24 s 22-24; 1Sp2001 c 10 art 2 s 66
193.146 ISSUANCE OF BONDS.
Subdivision 1. Authority to issue.
In anticipation of the receipt of such corporation of the
tax proceeds, appropriations, rents, and profits specified in section
, and of income from
any other source, and for the purpose of securing funds as needed for payment of the cost of such
new armories and for other purposes herein authorized, such corporation is hereby authorized
to issue its bonds bearing interest at a rate not to exceed the maximum prescribed by section
, payable semiannually.
Subd. 2. Limitation.
Such bonds shall be of such date, denomination, place of payment,
form, and details as may be determined by such corporation not inconsistent with the provisions
. Such bonds shall mature serially, the first installment to fall due in
not more than five years and the last in not more than 40 years from their date, and no annual
maturing installment shall exceed by 2-1/2 times the amount of the smallest annual maturing
installment; provided, that the amount of such installments of principal may be such that the
increase thereof from year to year shall approximately equal the decrease from year to year in
the interest on the bonds remaining unpaid.
Subd. 3. Execution.
Such bonds shall be signed by the adjutant general, as chair, attested by
the secretary, and countersigned by the treasurer of such corporation, and the interest coupons to
be thereto attached shall be executed and authenticated by the printed, engraved, or lithographed
facsimile signatures of such chair and secretary.
Subd. 4. Sale.
The bonds shall be sold by the corporation under notice and upon the terms
and at times as the corporation shall deem best. The bonds shall not be deemed or construed to be
debts of the state of Minnesota or of the county or municipality in which the armory is situated,
nor to impose any personal liability upon any member of the corporation, but shall be payable
solely out of the income to be received by the corporation as specified herein. Bonds legally issued
pursuant hereto shall be deemed authorized securities within the provisions of section
laws supplemental thereto, and shall be proper for the investment of capital, surplus, or deposits
of any savings bank or trust company, and for the investment of funds of any insurance company,
and for the investment of any sinking funds held by any public or municipal corporation, and
may be pledged by any bank or trust company as security for the deposit of public moneys
therein in lieu of surety bonds. The bonds shall be deemed and treated as instrumentalities and
obligations of a public governmental agency.
History: 1947 c 133 s 6; 1969 c 40 s 8; 1977 c 219 s 3; 1980 c 607 art 14 s 32; 1983 c
213 s 9; 1986 c 444
To secure the prompt and full payment of such bonds and interest thereon such corporation
may mortgage such armory building and the site thereof and may pledge the income or any part
thereof receivable by such corporation to any trustee under such provisions that upon default in
the payment of the principal or of interest on any such bonds all of such bonds may be declared
due and payable, and such mortgage foreclosed in like manner as other mortgages are foreclosed
in this state, subject to the provisions of sections
. The purchaser at any sale
upon such foreclosure shall acquire the right of possession and the right to operate such building
under such terms and conditions as may be specified in said mortgage and not inconsistent with
the use of the property by the state for armory and military purposes, such possession and right of
operation to continue until full principal and interest on such bonds or the amount bid upon such
foreclosure sale shall have been paid out of the net rents and profits received from such operation
or out of moneys otherwise provided as set forth in section
. Such mortgage or deed of
trust may contain any other provisions not inconsistent with the provisions of sections
or with the use of such building by the state for armory or military purposes as are
customarily included for the benefit and protection of the parties to such instruments, including
provisions for the insurance thereof, appointment of a receiver in the event of a default by the
mortgagor, exemption of the members of such corporation from any personal liability, and other
such provisions. Nothing contained in such mortgage shall be deemed or construed to constitute
a liability of the state of Minnesota, nor to impose any personal liability upon any member of
such corporation. Such mortgage or deed of trust may be recorded in the office of the appropriate
county recorder without the payment of any mortgage registry tax.
History: 1947 c 133 s 7; 1976 c 181 s 2
193.148 CONVEYANCE TO STATE.
When payment has been made of all indebtedness incurred by such corporation or of all
funds spent by the corporation incident to the procurement, erection, equipment, and operation of
any armory built under the provisions of sections
, including the payment in
full of the principal and interest of all bonds issued by such corporation to cover the cost of such
armory or the full repayment of any commission funds expended for the construction of such
armory, such corporation shall transfer and convey such armory building and the site thereof to the
state of Minnesota, for military purposes, to be administered as are other state-owned armories.
Any unencumbered balance then held by the commission accruing to such armory shall be
retained to be applied to the future maintenance, repair, and equipment of armories.
History: 1947 c 133 s 8; 1997 c 24 s 25; 1Sp2001 c 10 art 2 s 67
193.22 JOINT ARMORIES AND MUNICIPAL BUILDINGS.
Whenever a company of the National Guard shall be located in a city wherein no suitable
armory has been provided for its use, an armory may be constructed for use jointly by such
company or battery and by such city. The mayor or president of the council of such city and the
commanding officer of the company or other unit stationed at such place, or if there be more
than one company then the senior officer of the troops of such station, shall constitute a joint
armory commission, with power to purchase, erect or rent a suitable site or building for such
armory and to furnish and keep the same in repair. No new armory shall be purchased, erected, or
rented under the provisions of this section from and after May 1, 1943, without the approval of
the adjutant general.
History: (2507) 1921 c 506 s 113; 1943 c 108 s 37; 1973 c 123 art 5 s 7
193.23 STATE AID.
Subdivision 1. Prerequisites.
Whenever such joint armory commission shall have deposited
with the commissioner of finance at least $1,000 as evidence of good faith and shall have caused
to be conveyed to the state of Minnesota by warranty deed, free of encumbrances, the title to the
site for an armory, which site shall have been first approved by the adjutant general, such joint
armory commission shall be entitled to receive the same amount of state aid as is prescribed by
law for other armories, which state aid shall be paid to such joint armory commission in the
manner prescribed by the Military Code for state armories.
Subd. 2. Adjutant general to designate uses.
The adjutant general shall designate the place
needed for drill hall, office, locker rooms, storage and rifle range, and the immediate control of the
portions of the armory so designated shall be vested in the armory board provided for by law, and
such portion of such armory shall be subject to the laws of this state relating to armories. The
control of the other portions of such armory shall be vested in the municipal authorities.
Subd. 3. General control of building.
The general control of the building as a whole shall
be vested in a committee consisting of two persons, one the commanding officer of the military
organization in control of a portion of the armory and the other appointed by the municipality
upon such terms as may be agreed upon, provided, any agreement for general control of such
armory shall be first approved by the adjutant general. In case such an agreement is made the state
shall furnish the regular appropriation provided for armory maintenance and all other expenses
of keeping up the building shall be paid by the municipality.
History: (2508) 1921 c 506 s 114; 1943 c 108 s 38; 2003 c 112 art 2 s 50
193.27 DISPOSITION OF UNUSED FUNDS.
In any county or municipality in this state, however organized, in which there have
heretofore been bond issues or tax levies made for the construction of a public armory building in
such county or municipality, which armory building has not been constructed and the moneys
received from such bonds issued or taxes levied remain unexpended, upon a unanimous vote of
the county board or municipal council such funds or any or all thereof may be invested by such
county board or municipal council or used and expended by it for any public purpose within
such county or municipality.
History: (2499-2) 1927 c 146 s 1; 1969 c 40 s 9
193.29 CONTROL OF NEW ARMORY.
Subdivision 1. Armory board.
The control operation and use of each armory building and
grounds occupied by any of the military forces of the state shall be vested in an armory board
consisting of officers, warrant officers, or enlisted personnel representing the organization or
organizations quartered therein, as hereinafter provided, except that the commission-owned
armories which have been or may be constructed or acquired and operated under the provisions
, and acts supplementary thereto shall be controlled and operated
as provided therein.
Subd. 2. Composition of board.
For each armory occupied by a single company or other
unit the armory board shall consist of senior officers, warrant officers, or enlisted personnel of
the unit quartered therein.
Subd. 3. Joint boards.
In all cases in which more than one company or other unit of the
military forces shall occupy the same armory, the armory board shall consist of military personnel
assigned to the units or organizations quartered therein. The adjutant general shall designate by
order from time to time the representatives of each unit quartered therein to comprise the armory
board for each armory. In the discretion of the adjutant general, the membership of the board may
be comprised of officers, warrant officers, and enlisted personnel and may be changed from time
to time so as to give the several organizations quartered therein proper representation on the board.
Subd. 4. Rentals; proceeds.
The armory board may rent an armory to entities or individuals
under terms and conditions the board determines, but rentals may not conflict with the use of the
armory for military purposes. The proceeds of rentals and all other income accruing to each
armory constitutes the armory fund and must be applied by the armory board of each armory, as
the adjutant general shall direct, for its maintenance, extension, improvement, and equipment, but
all armory funds and all allowances from the state accruing to commission-owned armories must
be paid to the commission.
History: (2506) 1921 c 506 s 112; 1943 c 108 s 36; 1947 c 125 s 13; 1965 c 114 s 3; 1986
c 444; 1997 c 24 s 26; 1999 c 46 s 3-5; 2005 c 156 art 4 s 5
193.30 MANAGEMENT OF ARMORY BOARD.
The senior member on each armory board shall be the chair, and the junior member thereof
shall be the recorder. A record of the proceedings of the board shall be kept, and all motions
offered, whether seconded or not, shall be put to a vote and the result recorded. In the case of a tie
vote the adjutant general, upon the request of any member, shall decide. The governor may make
and alter rules for the government of armory boards, officers, and other persons having charge
of armories, arsenals, or other military property of the state.
History: (2509) 1921 c 506 s 115; 1943 c 108 s 39; 1985 c 248 s 70; 1986 c 444; 2005
c 156 art 4 s 6
193.31 CONTROL OF DRILL HALL.
The senior member of any company or other organization assembling at an armory for drill or
instruction shall have control of the drill hall or other portion of the premises used therefor during
such occupancy, subject to the rules prescribed for its use and the orders of that member's superior.
Any person who intrudes contrary to orders, or who interrupts, molests, or insults any troops so
assembled, or who refuses to leave the premises when properly requested so to do, shall be guilty
of a misdemeanor. Nothing in this section shall prevent reasonable inspection of the premises by
the proper municipal officer, or by the lessor thereof in accordance with the terms of the lease.
History: (2510) 1921 c 506 s 116; 1943 c 108 s 40; 1986 c 444; 2005 c 156 art 4 s 7
193.331 LIQUOR IN ARMORIES; PENALTY.
Except with the express consent and in accordance with the rules of the adjutant general,
every person who introduces a spirituous, vinous, or malt liquor into an armory or arsenal, unless
under prescription of a medical officer of the guard and only for medical purposes is guilty of
History: 1971 c 202 s 10; 1985 c 248 s 70
193.34 USE OF ARMORIES BY PATRIOTIC AND SERVICE MEMBER'S
The use of armories for the regular meetings or functions of those patriotic societies
or recognized military service members organizations holding charters from Congress or
incorporated in this state shall be granted by the armory board or officer in charge of any armory
at such times and under such circumstances as not to interfere with the use of the armory for
military purposes by the company or companies quartered therein, subject to the armory rules as
are in force governing the use of such armories.
History: (2516) 1921 c 506 s 122; 1927 c 414 s 1; 1985 c 248 s 70; 1986 c 444
193.36 UNUSED ARMORIES.
Subdivision 1. Adjutant general may close.
Whenever the unit or units of the military
forces of the state which are quartered in an armory acquired or erected in whole or in part by
state funds have been called or ordered into federal service or have been mustered out of the
service of the state, and there is no immediate prospect that a new military unit will be organized
in the place where the armory is located, the adjutant general shall immediately take possession
of and close the same, and shall not permit its use for other than military purposes except as
otherwise provided by law.
Subd. 2. May sell and convey property in certain cases.
In any case when the adjutant
general finds it advantageous for military training, the adjutant general may sell and convey
property to the municipality or county in which the property is located at a price to be determined
by an appraiser to be selected by the adjutant general. The money received must be credited to the
general fund and is appropriated to the adjutant general to be used: (1) as a contribution for the
construction or acquisition of an armory, armories, or armory facilities to replace the one sold;
or (2) for the maintenance, operation, repair, rehabilitation, or improvement of existing armory
facilities. The money may also be transferred to the Minnesota State Armory Commission: (1)
for the replacement of an armory, armories, or armory facilities constructed or acquired by the
commission; or (2) for the maintenance, operation, repair, rehabilitation, or improvement of
facilities owned by the commission. If the money received is not expended for the purposes stated
in this subdivision within ten years after the old armory has been sold, the appropriation to the
adjutant general as provided in this subdivision lapses. In the event that both the municipality
and the county desire to purchase the armory, the municipality must be given first priority to
purchase the armory.
If the municipality or county does not purchase the property after a reasonable opportunity,
the adjutant general may sell and convey it to any person after a public sale of the property by
first advertising for bids or proposals for three consecutive weeks in a newspaper of general
circulation in the area that the property is located and accepting the proposal most favorable to
the department. The adjutant general may reject all proposals. The proceeds of the sale must be
credited as provided in this subdivision. The adjutant general may lease any armory remaining
unsold to the municipality for public purposes.
Subd. 3. Disposition of unsuitable armory sites and buildings.
The adjutant general with
the approval of the governor, may sell and convey on behalf of the state any state armory sites and
buildings which in the judgment of the adjutant general are unsuitable for military purposes or
which have been condemned by proper authority as unsafe. Money received from the sale of such
armories shall be paid into the state treasury and credited to the general fund.
History: (2505) 1921 c 506 s 111; 1943 c 108 s 35; 1963 c 183 s 4; 1969 c 40 s 10; 1969
c 399 s 49; 1973 c 492 s 14; 1977 c 11 s 10; 1978 c 477 s 1; 1984 c 442 s 7; 1995 c 186 s 49;
1996 c 299 s 1
193.37 COUNTIES CONTAINING CITY OF FIRST CLASS; APPLICATION.
Laws 1969, chapter 40, sections 1 to 10, authorizing county participation shall not apply to
any county containing a city of the first class.
History: 1969 c 40 s 11
193.38 CITY FACILITIES SHARED WITH ARMORIES.
A home rule charter or statutory city in which an armory has been or may be constructed
may, by resolution of its governing body and with the concurrence of the Minnesota State Armory
Building Commission, provide for the acquisition, construction, or improvement of city owned
facilities related to the armory. The city may acquire property for the purposes of this section
pursuant to chapter 117. General obligation bonds may be issued pursuant to chapter 475 except
as provided in this section for the acquisition, construction, or improvement in an amount that
does not exceed the value of the commission's investment in the armory property. Before issuance
of bonds, the city shall give three weeks' published notice. If a number of voters in the city equal
to ten percent of those who voted for candidates for governor at the last gubernatorial election
present a petition within six weeks of the first published notice to the city clerk requesting that the
matter be submitted to popular vote, it shall be submitted at the next regular election.
If a majority of those voting on the question approve it or if no petition is presented within
the prescribed time, the city may issue the bonds and levy a tax for the purpose of this section in
accordance with section
. The city and the Minnesota State Armory Building Commission
may contract for the purpose of allocating the use and occupancy of the joint facility. The city
may enter into other leases and contracts concerning the use and occupancy of the city owned
portion of the joint facility with any other unit of government or political subdivision, their
agencies, or any nonprofit corporation.
History: 1982 c 484 s 1