AN ACT to amend and reenact sections 37-10-03, 37-10-03.1, 37-10-03. 2, 37-10-03.3, 37-10-03. 4, 37-10-04, and 37-10-06 of the North Dakota Century Code, relating to the administration of armories; and to repeal section 37-10-02 of the North Dakota Century Code, relating to the board of armory supervisors.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA: 

SECTION 1. AMENDMENT.) Section 37-10-03 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 
37-10-03. ADJUTANT GENERAL TO SUPERVISE ARMORIES.) The adjutant general shall fix for each unit of the national guard the maintenance and rent allowance to be paid by this state. The adjutant general shall acquire, contract for, erect, purchase, sell, maintain, repair, and alter state-owned armories subject to the laws made and provided therefor. The adjutant general may lease property to be used for armory purposes, but no lease shall extend for a period exceeding twenty-five years. 


SECTION 2. AMENDMENT.) Section 37-10-03. 1 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 
 
37-10-03.1. SALE OF PORTIONS OF FRAINE BARRACKS. ) The adjutant general, with the approval of the governor, may declare that portions of the military reservation known as Fraine Barracks are not needed for military purposes, as the facts and circumstances may reasonably warrant, and may negotiate sales thereof for civilian site purposes. Property to be sold may be subdivided and platted prior to sale at the option of the adjutant general. The North Dakota industrial commission may assist the adjutant general in the management and disposal of property to be sold under this section. Sales shall be made under the provisions of sections 54-01-o5. 1 and 54-01-05.2. All net proceeds of sales made under this section shall be placed in the state treasury in a Separate fund for the construction of armories in North Dakota.

SECTION 3. AMENDMENT.) Section 37-10-03.2 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-10-03.2. EXCHANGE AND LEASE OF MILITARY LANDS.) The adjutant general may exchange lands owned by the state of North Dakota and used for military purposes with other agencies of the state, counties, municipalities or other political subdivisions, corporations or individuals, and may purchase, within funds available, parcels of land necessary for the construction of armories or the expansion of present military installations in the state of North Dakota. The adjutant general may lease parts of military installations to the department of defense or other agencies of the federal government. SECTION 4. AMENDMENT.) Section 37-10-03.3 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 

37-10-03.3. USE OF STATE FUNDS IN THE CONSTRUCTION OF ARMORIES.) Subject to appropriations made by the legislature, the adjutant general is authorized to make allocations not to exceed twenty thousand dollars for a single unit armory, and not to exceed forty thousand dollars for a multiple unit armory, in collaboration with the federal funds made available under the armory construction program as provided for in Public Law 783 , 81st Congress, chapter 945, 2nd session, approved September 11, 1950, and in collaboration with funds made available by municipalities or counties wherein the armories are to be located, providing that the affected municipalities or counties made available an equal amount of money or facilities. In instances where a city has received a direct grant from the state of North Dakota for the construction of an armory since the year 1940 the amount of the direct grant under this provision of law shall be reduced proportionately. 

SECTION 5. AMENDMENT.) Section 37-10-03.4 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 

37-10-03.4. CONTRACTING OFFICER FOR CONSTRUCTION OF ARMORIES.) In order that full benefit may be derived under the provisions of Public Law 783, cited under this title, governing bodies of municipalities or counties may by proper resolution appoint and designate the adjutant general of the state as the contracting officer for the construction of such armories, provided that all contracts let shall be subject to the approval of the governing body concerned. The adjutant general is empowered to act as the contracting officer for the state, and may appoint agent officers, or a resident agent, to facilitate the proper completion of the contract.

SECTION 6. AMENDMENT.) Section 37-1 0-04 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-10-04. USE OF ARMORIES BY OTHER ORGANIZATIONS - REGULATIONS GOVERNING.) The use of armories for the regular meetings or functions of patriotic societies or recognized military servicemen’s organizations holding charters from Congress or incorporated in this state shall be granted by the adjutant general or by the officer in charge of any armory at such times and under such circumstances as not to interfere with the use of the armory for military purposes by the company or companies quartered therein. The use of an armory by a society or organization shall be subject to the rules and regulations in force governing the use of armories. 
 
SECTION 7. AMENDMENT.) Section 37-10-06 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-10-06 . TRANSFER OF MOTOR STORAGE BUILDINGS.) Any motor storage buildings owned by the state of North Dakota and used by the national guard may be transferred and conveyed to a political subdivision in which such buildings are located in order to take advantage of the provisions of Public Law 783, 81st Congress, 2nd session, chapter 945, and approved September 11, 1950.

SECTION 8. REPEAL.) Section 37- 10-02 of the North Dakota Century Code is hereby repealed. 
 

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Senator Lips Senator Morgan Senator Sanstead
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