2021-2022 Regular Session SB 1047 PN 1360 Bill Text (HTM)

PRINTER'S NO. 1360

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1047

Session of

2022

INTRODUCED BY GEBHARD, MARTIN, KANE, MASTRIANO, ROBINSON,

PHILLIPS-HILL, BAKER, MENSCH AND J. WARD, JANUARY 31, 2022

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,

JANUARY 31, 2022

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in preliminary provisions, further

providing for definitions; and, in State Armory Board,

repealing provisions relating to composition and general

functions, providing for definitions and for composition and

general functions, further providing for erection of armories

and for management of armories, providing for management of

buildings and structures at Fort Indiantown Gap, further

providing for purchase or lease of ground for armories, for

donation of land by political subdivisions, for donation of

property and services by political subdivisions, for sale of

unusable armories and land and sale or lease of timber and

mineral rights, for payment of armory rentals by Commonwealth

and for rental of armories, providing for rental and lease at

Fort Indiantown Gap and further providing for property in

armories of units in Federal service, for State Treasury

Armory Fund and for maintenance, construction and repairs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "armory" in section 102 of

Title 51 of the Pennsylvania Consolidated Statues is amended to

read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"Armory." Land, buildings and fixtures under the control of

the department that are either located at Fort Indiantown Gap or

are used for [housing elements of] housing, maintaining and

supporting the Pennsylvania military forces, the Pennsylvania

National Guard or the Pennsylvania Guard.

* * *

Section 2. Section 1501 of Title 51 is repealed:

[§ 1501. Composition and general functions.

The State Armory Board shall consist of the Adjutant General,

who shall act as chairman, and eight members appointed by the

Adjutant General. Three of the members of the State Armory Board

appointed by the Adjutant General shall be members of the

Pennsylvania National Guard. The State Armory Board shall

exercise the powers, duties and provisions of this chapter. The

board shall appoint a secretary who need not be a member of the

board. It shall provide, equip, maintain, manage and regulate

armories for the use of the Pennsylvania military forces. It

may, with the approval of the Governor, accept gifts of land,

with or without buildings thereon, to be used for military

purposes. The title to all such land shall be taken in the name

of the Commonwealth. It may also employ funds appropriated to it

to purchase, for armory purposes, any suitable buildings or

sites.]

Section 3. Title 51 is amended by adding sections to read:

§ 1501.1. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

"Board." The State Armory Board established under this

chapter.

"Fund." The State Treasury Armory Fund established under

section 1511 (relating to State Treasury Armory Fund).

§ 1501.2. Composition and general functions.

(a) Membership and chairperson.--

(1) The board shall consist of the Adjutant General or a

designee.

(2) The department's director of the Office of

Facilities and Engineering shall be the chairperson of the

board.

(3) The chairperson shall designate a secretary of the

board who may not be a member of the board.

(4) The Adjutant General shall appoint eight members to

the board, three of whom shall be members of the Pennsylvania

National Guard.

(b) Powers.--The board shall exercise the powers, duties and

provisions of this chapter.

(1) The board shall provide, equip, maintain, manage and

regulate armories.

(2) The board may, in consultation with the Adjutant

General and with the approval of the Governor, accept gifts

of land, with or without buildings, to be used for military

purposes or to support the mission of the department. The

title to all land acquired under this paragraph shall be in

the name of the Commonwealth.

(3) The board, in consultation with the Adjutant

General, may use money appropriated to the board to purchase,

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for armory purposes, suitable buildings or sites.

Section 4. Sections 1502 and 1503 of Title 51 are amended to

read:

§ 1502. Erection of armories.

[The Armory Board is hereby empowered and directed to erect

or provide anywhere within the limits of this Commonwealth, upon

such terms and conditions as shall be decided upon by said

Armory Board, armories for the use of the Pennsylvania National

Guard. These armories shall be used for training assemblies,

meetings and rendezvous purposes by the organizations of the

Pennsylvania National Guard and, when organized, the

Pennsylvania Guard.]

(a) Power.--The board, in consultation with the Adjutant

General, may utilize money appropriated to the board to erect or

provide armories anywhere within the limits of this Commonwealth

and upon terms and conditions that are recommended by the board

and approved by the Adjutant General.

(b) Use of armories.--An armory shall be used for storage,

to maintain property, to support training assemblies, hold

meetings and for rendezvous purposes by an organization of the

Pennsylvania military forces, Pennsylvania National Guard or the

Pennsylvania Guard.

§ 1503. Management of armories.

[The Armory Board shall constitute a board for the general

management and care of said armories, when established, and

shall have the power to adopt and prescribe rules and

regulations for their management and government, and formulate

such rules for the guidance of the organization occupying them

as may be necessary and desirable.] The board, in consultation

with the Adjutant General, shall adopt and prescribe rules and

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regulations as necessary for the management, operation and

naming of armories and for the guidance of the organization

occupying the armories.

Section 5. Title 51 is amended by adding a section to read:

§ 1503.1. Management of buildings and structures at Fort

Indiantown Gap.

The board, in consultation with the Adjutant General, may

direct the administration and utilization of buildings or

structures at Fort Indiantown Gap that are owned by this

Commonwealth.

Section 6. Sections 1504, 1505, 1506, 1507, 1508 and 1509 of

Title 51 are amended to read:

§ 1504. Purchase or lease of ground for armories.

[The Armory Board shall have full authority to purchase or

lease ground in the various localities throughout this

Commonwealth where it shall be deemed necessary to provide

armories. The ground in each instance shall be purchased or

leased in the name and for the use of the Commonwealth of

Pennsylvania, and upon the ground so purchased or leased, the

Armory Board is authorized and directed to erect an armory or

use said land for the benefit of the Pennsylvania military

forces. When such armory or armories are erected or provided,

the said Armory Board shall have charge thereof and arrange for

its occupancy and use, under the direction and responsibility of

the senior officer in command of the using unit or

organization.]

(a) Authority.--Utilizing money appropriated to the board,

the board, in consultation with the Adjutant General, may

purchase or lease ground in this Commonwealth where deemed

necessary to provide armories. The ground purchased or leased

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under this subsection shall be in the name and for the use of

the Commonwealth.

(b) Erection of armory.--Utilizing money appropriated to the

board and under the direction of the Adjutant General, the board

may erect an armory or use ground purchased or leased under

subsection (a) for the benefit of the Pennsylvania military

forces, the Pennsylvania National Guard or the Pennsylvania

Guard.

under this section, the board shall inform the Adjutant General

of the armory's availability for occupancy and use. The Adjutant

General shall set a timeline for a using unit or organization to

occupy the armory under the direction and responsibility of the

senior officer in command of the using unit or organization.

§ 1505. Donation of land by political subdivisions.

It shall be lawful for any county, city, borough, town or

township to acquire by purchase or by gift, or by the right of

eminent domain, any land [for the use of the Pennsylvania

National Guard,] to be used as an armory, and to convey such

lands so acquired to the Commonwealth of Pennsylvania. The

proceedings for the condemnation of lands under the provisions

of this chapter and for the assessment of damages for the

property taken, injured or destroyed shall be taken in the same

manner as is now provided by 26 Pa.C.S. (relating to eminent

domain).

§ 1506. Donation of property and services by political

subdivisions.

(a) General rule.--Any political subdivision of this

Commonwealth is hereby authorized and empowered, either

independently or in connection with any other political

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subdivision of this Commonwealth, to provide and appropriate

moneys or convey land to the Commonwealth [of Pennsylvania] to

assist the [Armory Board] board in the erection of armories for

the use of the Pennsylvania National Guard. Any political

subdivision may furnish water, light or fuel, either or all,

free of cost to the Commonwealth [of Pennsylvania], for use in

any armory of the Pennsylvania National Guard, and to do all

things necessary to accomplish the purpose of this chapter.

(b) Authority of government units.--The [Armory Board]

board, in consultation with the Adjutant General, shall have

power to receive from any political subdivisions or other

sources, donations of land, or contributions of money, to aid in

providing or erecting armories throughout this Commonwealth [for

the use of the Pennsylvania National Guard and] which shall be

held as other property for the use of the Commonwealth [of

Pennsylvania. Such political subdivisions are hereby authorized

to]. The political subdivisions may make [such] donations or

contributions for the purpose of this chapter.

§ 1507. Sale of unusable armories and land; sale or lease of

timber and mineral rights.

(a) General rule.--

(1) Whenever, in the opinion of the [Armory Board]

Adjutant General, any armory building, armory site, or other

real estate owned by the Commonwealth is no longer suitable

for military services due to change in population or to the

needs of the military service, the board, upon approval of

the Adjutant General, may sell the property in accordance

with law.

(2) Whenever, in the opinion of the [Armory Board]

Adjutant General, timber or other mineral rights at Fort

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Indiantown Gap, any State armory or any other military lands

or facilities may be sold or leased without disruption of the

usual military purposes of the property and without undue

adverse impact upon the local environment, the board, upon

approval of the Adjutant General, may sell or lease the

rights in accordance with law.

(b) Disposition of proceeds.--All money derived from sale of

property under subsection (a)(1) or from sale or lease of rights

under subsection (a)(2) shall be paid into the [State Treasury

Armory Fund] fund.

§ 1508. Payment of armory rentals by Commonwealth.

The annual rental of all armories and buildings not owned by

the Commonwealth and occupied by any organization, shall be paid

by the State Treasurer in the manner provided by law. All

payments for light, heat, water and janitor services in rented

armories and buildings shall be made by the [Department of

Military Affairs] department upon properly itemized vouchers,

except where such services are furnished by the landlord under

the rental contract.

§ 1509. Rental and lease of armories.

[The State Armory Board may issue such rules and regulations

for the rental of armories for non-military purposes to

responsible persons or organizations at scheduled rates approved

by the State Armory Board. Notwithstanding any other provision

of law, said rentals shall be payable to the State Treasury

Armory Fund.] The board, in consultation with the Adjutant

General, may rent or lease an armory, subject to the following:

(1) The board may promulgate rules and regulations for

the rental or lease of an armory to persons or organizations

at scheduled rates approved by the board.

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(2) The Adjutant General may authorize lease or rental

fee waivers to government and nonprofit organizations.

(3) Notwithstanding any other provision of law, rental

and leases under this section shall be payable to the fund.

(4) A lease executed under this section may not be

executed for longer than a term of five years.

Section 7. Title 51 is amended by adding a section to read:

§ 1509.1. Rental and lease at Fort Indiantown Gap.

The board, upon approval of the Adjutant General, may rent or

lease a building or structure located at Fort Indiantown Gap

that is owned by the Commonwealth, subject to the following:

(1) The rental or lease of buildings and structures

under this section must be to organizations or entities that

support the mission of the department at schedule rates

approved by the board.

(2) The Adjutant General may authorize lease and rental

fee waivers to government and nonprofit organizations.

(3) Notwithstanding any other provision of law, fees

under this section shall be payable to the fund.

(4) A lease executed under this section may not be

executed for longer than a term of five years.

Section 8. Sections 1510, 1511 and 1512 of Title 51 are

amended to read:

§ 1510. Property in armories of units in Federal service.

(a) Custody and use.--When units of the Pennsylvania

National Guard are called or ordered into the service of the

United States, all furniture, permanent property and equipment

located in [their] the respective armories, purchased from State

or municipal funds, or donated to the unit from private sources,

will be left in the armory and will be taken into custody by the

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[State Armory Board] board, to be used by units of Pennsylvania

military forces, the Pennsylvania National Guard or the

Pennsylvania Guard assigned to [said] the armory, until such

time as the [Pennsylvania National Guard] unit or organization

returns.

(b) Reassignment and disposition.--If, upon the

reorganization of the Pennsylvania National Guard following a

war or emergency, the organization is not reorganized or is

assigned to another location within this Commonwealth, then the

property in question becomes the property of the Commonwealth to

assign, reassign and dispose of as the [State Armory Board]

board, in consultation with the Adjutant General, may decide or

direct.

§ 1511. State Treasury Armory Fund.

(a) Establishment.--There is [hereby] established in the

State Treasury a special revenue fund to be known as the State

Treasury Armory Fund. The proceeds from the sale of [any armory

building, armory site or other real estate used for the State

military forces] armories, the proceeds from the sale or lease

of timber or other mineral rights at [Fort Indiantown Gap or at

any other real estate used for the State military forces]

armories and the proceeds from the rental or lease of [any State

armories or other facilities used by the State military forces]

armories shall be deposited in the [State Treasury Armory Fund]

fund.

(b) Appropriation.--[Moneys in the State Treasury Armory

Fund are hereby] Money in the fund is appropriated to the

[Department of Military Affairs] department in [such] amounts

[as may be] determined annually by the Governor to be used for

the purposes specified in [subsections (c) and (d)] subsection

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(d).

[(c) Augmentation to department.--An amount equal to the

1988-1989 rental revenues shall be provided to the department

each year from the State Treasury Armory Fund.]

(d) Expenditures from [State Treasury Armory Fund] fund.--

The department may expend [moneys from the State Treasury Armory

Fund] money from the fund for the following purposes:

(1) Purchase of equipment, furniture and fixtures for

[State armories and other structures and facilities to be

utilized by the Pennsylvania National Guard] armories.

(2) Essential repairs and maintenance of [State armories

and other structures and facilities to be utilized by the

Pennsylvania National Guard] armories.

(3) Purchase or rental of lands, buildings or facilities

for use as [State armories] armories.

(4) Construction of new [armories and other structures

and facilities to be utilized by the Pennsylvania National

Guard] armories.

(5) Support of environmental projects and programs at

[Fort Indiantown Gap, any State armory or any other military

lands or facilities] armories.

§ 1512. Maintenance, construction and repairs.

Notwithstanding the provisions of any other law to the

contrary, the [Armory Board] board may carry out all maintenance

activities with respect to an armory if the cost does not exceed

$100,000 and may carry out contracts for repair or construction

of armories [and other State-owned buildings or facilities under

the jurisdiction of the department] up to an amount of $100,000.

Section 9. This act shall take effect in 60 days.

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