2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 16. INDIANA MILITARY CODE CHAPTER 3. STATE ARMORY BOARD
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IC 10-16-3
Chapter 3. State Armory Board
IC 10-16-3-1
State armory board established
Sec. 1. (a) The state armory board is established to provide,
manage, and care for armories for the use of the military and naval
forces of Indiana.
(b) The board consists of the following members:
(1) The following ex officio members:
(A) The governor.
(B) The adjutant general.
(2) Five (5) members appointed by the governor. At least three
(3) of the members must be or must have been officers of the
military or naval forces of the United States or of the state of
Indiana.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.2.
IC 10-16-3-2
Contribution of funds in support of duties and responsibilities of
adjutant general
Sec. 2. The state armory board established by section 1 of this
chapter may contribute funds in support of the following authorized
duties and responsibilities of the adjutant general:
(1) The military department of the Indiana ceremonial unit.
(2) The Indiana guard reserve.
(3) The annual report of the adjutant general's department.
(4) The medical treatment, pensions, and funeral expenses of
officers and soldiers wounded, disabled, or killed while in the
active service of the state.
(5) Expenditures for public relations and the promotion of
morale within the adjutant general's department that are not paid
by the United States Department of Defense.
(6) Recruitment and retention expenditures of the adjutant
general's department that are not paid by the United States
Department of Defense.
(7) The publication of the armed forces law of Indiana in
accordance with IC 10-16-2-9(d).
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.3.
IC 10-16-3-3
Term of office; vacancy in office
Sec. 3. (a) The term of each member of the state armory board
expires four (4) years from the date of the member's appointment.
(b) If there is a vacancy in the state armory board, the governor
may fill the vacancy for the unexpired term.
As added by P.L.2-2003, SEC.7.
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IC 10-16-3-4
Compensation
Sec. 4. The members of the state armory board shall perform the
duties imposed upon them by this chapter without compensation.
However, the state shall pay the actual necessary expenses of the
members that are incident to the performance of their duties from the
appropriation made for armory purposes.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-5
Erection of armories
Sec. 5. (a) The state armory board shall erect or provide within
Indiana armories for the use of the military and naval forces of the
state for drill, meeting, and rendezvous purposes by the organization
of the military or naval forces occupying the armories.
(b) All property of the United States or of the state issued to the
occupying organization for military or naval purposes shall be stored
and safely kept in the armories.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-6
Lease or purchase of real estate; erection; occupancy and use
Sec. 6. (a) The state armory board may:
(1) lease real estate from:
(A) the federal, the state, or a local government; or
(B) a federal, state, or local agency; or
(2) purchase real estate throughout the state;
where necessary to provide armories or other military purposes.
(b) The state armory board shall lease or purchase real estate in the
name and for the use of the state. The state armory board may erect
on the real estate an armory or another appropriate structure to be
used for meetings, rendezvous, and drill purposes by the following
organizations:
(1) A company.
(2) A battery.
(3) A troop.
(4) A battalion.
(5) A regiment.
(6) A division organization.
(7) An air squadron.
(8) A related group.
(9) An organization authorized by the state board.
The ordnance stores, quartermaster stores, and other property issued
to an organization described in this subsection and occupying the
armory shall be stored in the armory or other appropriate structure.
(c) The state armory board shall arrange for the occupancy and use
of the armories under the direction and responsibility of the senior
officer in command of an organization described in subsection (b).
(d) An armory may not be erected on land that is leased for less
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than fifty (50) years.
(e) The Indiana wing of the civil air patrol and its subordinate
units may use armory facilities without charge when the officer
responsible for the armory determines the use would not interfere
with operational training requirements of the military forces
concerned.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.4.
IC 10-16-3-7
Board for general management; care and custody of armories
Sec. 7. The state armory board shall constitute a board for the
general management, care, and custody of the armories. The state
armory board may adopt rules for:
(1) the management and government of the armories;
(2) the guidance of the organizations occupying the armories;
and
(3) any other purpose consistent with this chapter.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.5.
IC 10-16-3-8
Procurement of property by state or local armory board; trust bid,
proposal, or quotation
Sec. 8. (a) This section applies if a contract for the procurement of
property by the state armory board or a local armory board is
awarded under this chapter by acceptance of bids, proposals, or
quotations.
(b) A bid, proposal, or quotation submitted by a trust (as defined
in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-9
Donations and contributions; reconveyance of property to donor
or another entity
Sec. 9. (a) The state armory board may receive from any source
donations of real or personal property or contributions of money to
aid in the support and assistance of:
(1) the armed forces of Indiana; and
(2) the armed forces of Indiana called or inducted into federal
service.
Property received under this subsection shall be held as other
property for the use of the state.
(b) Counties, cities, and municipalities may make donations and
contributions under subsection (a).
(c) This subsection applies to real or personal property:
(1) donated under subsection (a); and
(2) upon which the state of Indiana has not erected structures.
The state armory board may determine that real property donated
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under subsection (a) is no longer usable or cannot be used by the
military department. The state armory board may certify its
determination to the adjutant general. The adjutant general may
reconvey the real property to the donor or to another entity or
individual that the adjutant general considers appropriate.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.6.
IC 10-16-3-10
Payment of expenses
Sec. 10. All expenses incurred in the operation of state armories
shall be paid out of:
(1) the rentals;
(2) the income;
(3) the earnings;
(4) any other receipts; and
(5) any other appropriation provided by law;
to pay the expenses incurred in the operation of the armories.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-11
Financial resources used to promote armed forces or veterans
Sec. 11. The state armory board may use its financial resources to
make contributions to organizations that promote the public image of
the national guard, the United States armed forces, or veterans of the
United States armed forces. These contributions may be made for the
following purposes:
(1) Public events.
(2) Activities on Veterans' Day, Memorial Day, the Fourth of
July, and other holidays.
(3) Monuments, plaques, or inscriptions that memorialize
veterans of United States wars or military actions.
(4) Other appropriate activities that the state armory board
approves.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.7.
IC 10-16-3-12
Armories; sale
Sec. 12. (a) If the state armory board receives from the governor
information of the disbandment of the organization of the armed
forces of Indiana occupying and using an armory, the state armory
board shall take charge of the armory.
(b) The state armory board shall sell the armory for the highest
price at public or private sale after publication of the sale for a period
of ten (10) days and return the proceeds into the state treasury.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-13
Sale or conveyance of real property
Sec. 13. (a) The state armory board may sell, lease, convey, or
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otherwise dispose of any real property belonging to the state and
being under the charge and in the custody and possession of the state
armory board if, in the judgment of the state armory board:
(1) the real property can no longer be used for the purpose for
which it was acquired; and
(2) the conveyance provides a substantial public or military
benefit.
(b) The sale shall be made at public or private sale, after
appropriate publication, for the highest price to be obtained for the
same. If the state armory board takes bids in the sale of real property,
the board shall require a bid submitted by a trust (as defined in
IC 30-4-1-1(a)) to identify all of the following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust.
(c) All money derived from the sale, conveyance, or other
disposition of any real property shall be paid into the state treasury,
but may be used for the purchase of other real property for armory
purposes.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.8.
IC 10-16-3-14
Sale of real property; appraisement
Sec. 14. (a) If the state armory board sells any real property, the
value of the property shall be determined by three (3) disinterested
appraisers appointed by the state armory board with the approval of
the governor.
(b) Real property may not be sold for less than the appraised value
of the real property. If the real property cannot be sold at its appraised
value, it may be reappraised.
(c) Real property may not be sold unless:
(1) the governor approves the sale; and
(2) the attorney general states in writing that all the conditions
necessary to the legal and valid sale of the property have been
fully complied with.
As added by P.L.2-2003, SEC.7. Amended by P.L.38-2011, SEC.9.
IC 10-16-3-15
Sale of real estate; execution of deed
Sec. 15. (a) The purchaser of real property sold under this chapter
or to whom real property is conveyed or otherwise disposed of under
this chapter shall pay the purchase money as agreed upon and
certified by the state armory board to the treasurer of state for the use
and benefit of the state armory board. The purchaser shall take the
receipt of the treasurer of state.
(b) The auditor of state shall execute a deed of conveyance to the
purchaser after the purchaser presents the following documents to the
auditor of state:
(1) The receipt of the treasurer of state.
(2) A certified resolution approved by the state armory board
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setting forth the terms and conditions of the sale, conveyance,
or other disposition.
The deed of conveyance shall be signed by the governor and
officially attested by the auditor of state with the seal of the state.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-16
Accounts and reports
Sec. 16. (a) The state armory board shall report annually of the
proceedings incident to the location and management of the armories
and a detailed account of disbursements.
(b) The report shall be filed in the office of auditor of state and a
copy furnished to the adjutant general for publication in the annual
report of the adjutant general's department.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-17
State examiner; examination of transactions
Sec. 17. The state examiner, personally or through the deputy
examiners, field examiners, or private examiners, shall make a full
and complete examination and report of all transactions of all
individuals, persons, trustees, boards, banks, firms, corporations, and
others engaged in the acquisition of sites for and the construction of
state armories, including examination of the following:
(1) The plans and specifications of armories.
(2) Construction work performed or being performed.
(3) The records of bonds issued and redeemed or proposed to be
issued.
(4) The records of all lease contracts for building or maintaining
armories.
(5) The records of receipts and earnings of all armories, except
those earnings and receipts arising from shows, benefits, and
other similar activities engaged in by members of the armories
and other volunteers for the use and benefit of the members.
(6) All money handled by the board or boards, by trustees of
state armories, by the state armory board or local armory boards,
or by the adjutant general, including all appropriations made for
armories by the general assembly.
All powers conferred upon the state examiner, deputy examiner, field
examiner, private examiner, and the attorney general under IC 5-11-6
by petition are conferred upon these officers, examiners, and the
department without any petition. All the powers given these officers,
examiners, and the department under any other statute may be used
for the purpose of carrying out this chapter.
As added by P.L.2-2003, SEC.7.
IC 10-16-3-18
Engineering and architectural services; compensation of field
examiners
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Sec. 18. (a) The state examiner, with the approval of the governor,
may employ expert engineering and architectural services when
necessary to assist the state examiner, deputy examiner, field
examiners, or private examiners in making inspections and
examinations under this chapter.
(b) The state examiner, with the approval of the governor, shall fix
and determine the amount to be paid for the expert service. Field
examiners of the state board of accounts, when employed in
performing the services provided for in this chapter, are entitled to
receive the per diem provided by IC 4-10-11-2 and IC 4-10-11-2.1
for field examiners and all necessary expenses incurred in carrying
out their duties as provided for in this chapter.
As added by P.L.2-2003, SEC.7.
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