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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
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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 Section 1501 of Title 51 is repealed: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.
(c) Purposes.--
(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.
(c) Timeline for use of ground.--If an armory is erected
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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