Amendment 4642 to Senate Bill 1047 P.N. 1375, Regular Session 2021-2022

S1047B1375A04642 SFR:JMT 06/12/22 #90 A04642

AMENDMENTS TO SENATE BILL NO. 1047

Sponsor: REPRESENTATIVE SAINATO

Printer's No. 1375

Amend Bill, page 1, lines 1 through 17, by striking out all

of said lines and inserting

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.

Amend Bill, page 1, lines 20 through 25; pages 2 through 10,

lines 1 through 30; page 11, lines 1 through 29; by striking out

all of said lines on said pages and inserting

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.

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(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

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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

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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

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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.

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§ 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) 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.

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