Regular Session 2021-2022 House Bill 2346 P.N. 2761

PRINTER'S NO. 2761

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2346

Session of

2022

INTRODUCED BY SAINATO, BOBACK, LONGIETTI, SCHLEGEL CULVER,

NEILSON, GILLEN, DRISCOLL, JOZWIAK, HILL-EVANS, CIRESI,

DELLOSO AND SANCHEZ, MARCH 8, 2022

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, MARCH 8, 2022

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for definitions; and, in State Armory Board,

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, 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 under the control of

the department which 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. Sections 1501, 1502 and 1503 of Title 51 are

amended to read:

§ 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] or a designee.

The department's Deputy of Facilities and Engineering shall act

as chairperson. The Adjutant General shall appoint eight

members, three of whom shall be members of the Pennsylvania

National Guard. The chairperson shall designate a secretary, who

need not be a member of the board. 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] At the discretion of the Adjutant General, the board

shall provide, equip, maintain, manage and regulate armories for

the use of the Pennsylvania military forces, the Pennsylvania

National Guard or the Pennsylvania Guard. It may, at the

discretion of the Adjutant General and with the approval of the

Governor, accept gifts of land, with or without buildings

thereon, to be used for military purposes or to support the

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mission of the department. The title to all such land shall be

taken in the name of the Commonwealth. [It] At the discretion of

the Adjutant General, the board may also employ funds

appropriated to it to purchase, for armory purposes, any

suitable buildings or sites.

§ 1502. Erection of armories.

[The] At the discretion of the Adjutant General, the State

Armory Board is hereby empowered [and directed], utilizing funds

appropriated to the board, to erect or provide anywhere within

the limits of this Commonwealth, upon [such] terms and

conditions as [shall be decided upon] recommended by [said] the

Armory Board and approved by the Adjutant General, armories for

the use of Pennsylvania military forces, the Pennsylvania

National Guard and the Pennsylvania Guard. These armories shall

be used [for] to store and maintain property and support

training assemblies, meetings and rendezvous purposes by the

organizations of Pennsylvania military forces, the Pennsylvania

National Guard and[, when organized,] 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]

Under the direction of the Adjutant General, the State Armory

Board shall have the power to adopt and prescribe rules and

regulations for [their] the management [and government, and

formulate such rules], operation and naming of armories and for

the guidance of the organization occupying them as may be

necessary and desirable.

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

§ 1503.1. Management of buildings and structures located at

Fort Indiantown Gap.

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Under the direction of the Adjutant General, the State Armory

Board is authorized to direct the administration and utilization

of any building or structure at Fort Indiantown Gap that is

owned by the Commonwealth.

Section 4. Sections 1504, 1505, 1506(b), 1507(a), 1508,

1509, 1510, 1511 and 1512 of Title 51 are amended to read:

§ 1504. Purchase or lease of ground for armories.

[The] Utilizing the funds appropriated to the State Armory

Board and under the direction of the Adjutant General, the 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 following shall

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

State Armory Board is authorized and directed to erect an

armory or use said land for the benefit of the Pennsylvania

military forces, the Pennsylvania National Guard or the

Pennsylvania Guard.

(2) When [such] an armory or armories are erected or

provided, the [said] State Armory Board shall [have charge

thereof and arrange for its] inform the Adjutant General of

the armory's availability for occupancy and use[,]. The

Adjutant General shall set a timeline for a unit 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

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

National Guard,] to be used as 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.

* * *

(b) Authority of government units.--[The] Under the

direction of the Adjutant General, the State Armory 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 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]

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] State Armory Board

may sell the property in accordance with law.

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

Adjutant General, timber or other mineral rights at Fort

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] State

Armory Board may sell or lease the rights in accordance with

law.

* * *

§ 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 and Veterans Affairs upon properly itemized vouchers,

except where such services are furnished by the landlord under

the rental contract.

§ 1509. Rental and lease of armories.

(a) General rule.--[The] Under the direction of the Adjutant

General, the State Armory Board is authorized to rent or lease

armories and may issue [such] rules and regulations for the

rental or lease of armories [for non-military purposes] to

responsible persons or organizations at scheduled rates approved

by the State Armory Board. The Adjutant General may authorize a

lease or rental fee waiver to governmental and nonprofit

organizations. Notwithstanding any other provision of law, [said

rentals] a rental or lease shall be payable to the State

Treasury Armory Fund. A lease executed under this section shall

be executed for a term of no longer than five years.

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(b) Structures located at Fort Indiantown Gap.--Under the

direction of the Adjutant General, the State Armory Board is

authorized to rent or lease any buildings or structures located

at Fort Indiantown Gap that are owned by the Commonwealth and

may issue rules and regulations for the rental or lease of the

buildings or structures to organizations or entities that

support the mission of the department at scheduled rates

approved by the State Armory Board. The Adjutant General may

authorize a lease or rental fee waiver to governmental and

nonprofit organizations. Notwithstanding any other provision of

law, a rental or lease shall be payable to the State Treasury

Armory Fund. A lease executed under this section shall be

executed for a term of no longer 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, to be used by units of Pennsylvania military

forces, the Pennsylvania National Guard or the Pennsylvania

Guard assigned to said 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, under

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the direction of 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], 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 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.

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

are hereby appropriated to the Department of Military and

Veterans Affairs in such amounts as may be determined annually

by the Governor to be used for the purposes specified in

[subsections (c) and] 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 from the State Treasury Armory 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

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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] armory.

§ 1512. Maintenance, construction and repairs.

Notwithstanding the provisions of any other law to the

contrary, the State Armory 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 5. This act shall take effect in 60 days.

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