2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 48 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2022

No. 2022-48

 

SB 1047

 

AN ACT

 

Amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; and, in State Armory Board, providing for definitions, further providing for composition and general functions, for erection of armories and for management of armories, providing for management of buildings and structures located at Fort Indiantown Gap and 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, sale or lease of timber and mineral rights, for payment of armory rentals by Commonwealth, for rental of armories, 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 Statutes 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 used for housing elements of the Pennsylvania military forces.] As follows:

(1)  Land, buildings and fixtures under the control of the department, which are used for housing, maintaining and supporting the Pennsylvania military forces, the Pennsylvania National Guard or the Pennsylvania Guard.

(2)  The term includes land, buildings and fixtures at Fort Indiantown Gap, which are used for the purposes specified under paragraph (1).

* * *

Section 2.  Title 51 is amended by adding a section to read:

§ 1500.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the 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).

Section 3.  Sections 1501, 1502 and 1503 of Title 51 are amended to read:

§ 1501.  Composition and general functions.

The [State Armory Board] board shall consist of the Adjutant General, who shall act as [chairman] chairperson, and eight members appointed by the Adjutant General. Three of the members of the [State Armory Board] board appointed by the Adjutant General shall be members of the Pennsylvania National Guard. The [State Armory Board] board shall exercise the powers, duties and provisions of this chapter. The [board] chairperson shall appoint a secretary who need not be a member of the board. [It] The board shall provide, equip, maintain, manage and regulate [armories for the use of the Pennsylvania military forces. It] armories. The board may, with the approval of the Governor, accept gifts of land, with or without buildings thereon, to be used for [military] armory purposes or as additions for Fort Indiantown Gap. The title to all such land shall be taken in the name of the Commonwealth. [It] The board may also employ [funds] money appropriated to it to purchase, for armory purposes, any suitable buildings or sites.

§ 1502.  Erection of armories.

The [Armory Board is hereby empowered and directed to] board may, with money appropriated to it from the fund, erect or provide armories anywhere within the limits of this Commonwealth, upon [such] the terms and conditions as shall be decided upon by [said Armory Board, armories for the use of the Pennsylvania National Guard] the board. These armories shall be used [for] to store and maintain property and support training assemblies, meetings and rendezvous purposes by the organizations of the Pennsylvania military forces, the Pennsylvania National Guard and[, when organized,] the Pennsylvania Guard.

§ 1503.  Management of armories.

The [Armory Board] 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] the management, operation and naming of armories and for the guidance of the organization occupying them as may be necessary and desirable.

Section 4.  Title 51 is amended by adding a section to read:

§ 1503.1.  Management of buildings and structures located at Fort Indiantown Gap.

The board is authorized to direct the administration and utilization of any building or structure at Fort Indiantown Gap that is owned or controlled by the Commonwealth.

Section 5.  Sections 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511 and 1512 of Title 51 are amended to read:

§ 1504.  Purchase or lease of ground for armories.

The [Armory Board shall have full authority to] board may, with money appropriated to it from the fund, purchase or lease ground in the various localities throughout this Commonwealth where it shall be deemed necessary to provide armories. The following apply:

(1)  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] board is authorized and directed to erect an armory or use [said] the land for the benefit of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard.

(2)  When [such armory or armories are erected or provided, the said Armory Board shall have charge thereof and arrange for its occupancy and use,] erecting or providing armories, the board shall inform the Adjutant General of the availability of an armory for occupancy and use. The Adjutant General shall set a timeline for the unit to occupy the armory under the direction and responsibility of the senior officer in command of the [using] unit or organization occupying the armory.

§ 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 for an armory and to convey [such] the 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 subdivision of this Commonwealth, to provide and appropriate [moneys] money 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 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] The political subdivisions are hereby authorized to 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, any armory building, armory site, or other real estate] When the board determines that an armory or armory site owned by the Commonwealth is no longer suitable for military services due to change in population or to the needs of the [military service] Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard, the board may sell the property in accordance with [law] the laws of this Commonwealth.

(2)  [Whenever, in the opinion of the Armory Board,] When the board determines that timber or other mineral rights at Fort Indiantown Gap[, any State armory or any other military lands or facilities] or any armory 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 may sell or lease the rights in accordance with [law] the laws of this Commonwealth.

(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 of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard, 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] the services are furnished by the landlord under the rental contract.

§ 1509.  Rental or lease of armories and of buildings or structures at Fort Indiantown Gap.

[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.]

(a)  Rental or lease of armories.--The board is authorized to rent or lease armories and may issue rules and regulations for the rental or lease of armories to responsible persons or organizations at scheduled rates approved by the board. The following apply:

(1)  The Adjutant General may authorize a rental or lease fee waiver to governmental and nonprofit organizations.

(2)  Notwithstanding any other provision of law, a rental or lease fee shall be payable to the fund.

(3)  A lease executed under this subsection may only be for a term of not more than five years.

(b)  Rental or lease of buildings or structures at Fort Indiantown Gap.--The board is authorized to rent or lease any building or structure located at Fort Indiantown Gap, which is owned or controlled by the department, and may issue rules and regulations for the rental or lease of the building or structure to organizations or entities that support the mission of the department at scheduled rates approved by the board. The following apply:

(1)  The Adjutant General may authorize a rental or lease fee waiver to governmental and nonprofit organizations.

(2)  Notwithstanding any other provision of law, a rental or lease fee shall be payable to the fund.

(3)  A lease executed under this subsection may only be for a term of not more than five years.

§ 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 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 [State Armory Board] board, to be used by units of the Pennsylvania military forces, the Pennsylvania National Guard and 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 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], 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] armory, the proceeds from any rental or lease of any facility at Fort Indiantown Gap and the proceeds from the rental or lease of any [State armories or other facilities used by the State military forces] armory shall be deposited in the [State Treasury Armory Fund] fund.

(b)  Appropriation.--[Moneys in the State Treasury Armory Fund are hereby appropriated to the Department of Military Affairs in such] Money in the fund is hereby appropriated to the department in amounts as may be determined annually by the Governor to be used for the purposes specified in [subsections (c) and (d)] subsection (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.--The department may expend [moneys] money from the [State Treasury Armory Fund] 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].

(2)  Essential repairs and maintenance of [State] armories [and other structures and facilities to be utilized by the Pennsylvania National Guard].

(3)  Purchase or rental of lands, buildings or facilities for use as [State] armories.

(4)  Construction of new armories [and other structures and facilities to be utilized by the Pennsylvania National Guard].

(5)  Support of environmental projects and programs at Fort Indiantown Gap[, any State armory or any other military lands or facilities] or any armory.

§ 1512.  Maintenance, construction and repairs.

Notwithstanding the provisions of any other law [to the contrary, the Armory Board], the 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 6.  This act shall take effect in 60 days.

 

APPROVED--The 7th day of July, A.D. 2022.

 

TOM WOLF