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Section 31-4-1
Section 31-4-1 Composition; chairman; term of office of appointed members.
The Governor of Alabama, the Adjutant General of Alabama, the Attorney General of Alabama, the two highest ranking Army National Guard officers and the highest ranking Air National Guard officer, together with three duly qualified electors of Alabama, to be appointed by the Governor, and to serve for a term of six years, shall constitute the Armory Commission of Alabama. The Governor shall be its chairman. The three members of the commission who were appointed by the Governor and who are serving on May 12, 1977, shall serve for a term of six years from the date of their appointment and their successors shall be appointed for a term of six years.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §186; Acts 1977, No. 578, p. 767; Act 2001-640, p. 1315, §1.)
Section 31-4-2
Section 31-4-2 Procedure for incorporation.
The Armory Commission may, by filing with the Secretary of State of the State of Alabama, become a public body and a body corporate when the members of the commission shall present to the Secretary of State of the State of Alabama an application signed by them which shall set forth the name, official designation and official residence of each of the members of the commission, together with a copy of the appointment by the Governor evidencing their right to hold office; the date and place of induction into and the taking of the oath of office; their desire that the commission become a body corporate and politic under this chapter; the name which is proposed for the corporation; the location of the principal office of the proposed corporation; and any other matters relating to the incorporation which the members may choose to insert not inconsistent with the Constitution and laws of the State of Alabama. The application shall be subscribed and sworn to by each of said members, except the Governor, before an officer authorized by the laws of the State of Alabama to take and certify oaths, who shall certify upon the application that he or she personally knows the members and believes them to be the officers as asserted in the application and that each subscribed and swore thereto in the presence of the officer. Thereupon, the Secretary of State shall examine the application, and if he finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, he shall receive and file it and shall record it in his office, and when said application has been made, filed and recorded as provided in this section, the said Armory Commission of Alabama shall constitute a corporation under the name proposed in the application and the Secretary of State of the State of Alabama shall make and issue to said members a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the same with the application. The corporation shall have succession by its corporate name for as long as there exists in the State of Alabama a National Guard or militia of Alabama and thereafter until all its liabilities have been finally paid and discharged.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §187; Acts 1977, No. 578, p. 767.)
Section 31-4-3
Section 31-4-3 Powers and duties generally; compensation of members; meetings; quorum; delegation of powers and duties to executive committee.
Said commission may in its corporate name sue and be sued, contract and be contracted with, acquire real and personal property by gift, purchase, lease, hire or condemnation, and may do all things and exercise all rights and powers reasonably necessary to carry out and perform the duties intended or required by this chapter. The members shall serve without compensation and shall be paid the expenses allowed by law while attending meetings of the commission or while traveling under orders for the performance of duty in connection with the business of said commission, said expense to be payable out of any funds available to the commission, or if the Governor so directs, out of the active military service appropriation. Said commission shall hold regular or special meetings at Montgomery or other designated places at the discretion and on call of the Governor, after reasonable notice. A majority of the members shall constitute a quorum for the consideration of business. The commission may delegate to an executive committee, consisting of not less than three of its members, such of its duties and authority as it may deem proper and advisable, not inconsistent with the provisions of this chapter.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §188.)
Section 31-4-4
Section 31-4-4 Bond for care, etc., of arms, equipment, etc., of United States reserve units of state colleges, etc.
In addition to the powers now conferred by law, the Armory Commission of Alabama is hereby authorized and empowered to execute and deliver a bond, with or without surety, in such manner and on such terms and conditions as may be required by the United States, for the care and safekeeping of such transportation, animals, arms, ammunition, supplies, tentage, equipment and materials as may be necessary or desirable for the operation, conduct and training of any reserve units of any of the armed forces of the United States authorized by law at any time to be conducted in conjunction with any public educational school, college or university in the State of Alabama.
(Acts 1949, No. 324, p. 471.)
Section 31-4-5
Section 31-4-5 Financing or refinancing of armories, etc.
The Armory Commission of Alabama is hereby authorized, in addition to all other powers and authority granted herein, to finance or refinance any armory buildings or structures now in existence, to finance or refinance improvements to or additions to such armories already in existence and to finance the construction and maintenance of new or additional armories. The Armory Commission of Alabama is hereby vested with the full authority and power to finance or refinance armories already in existence, to finance the construction of improvements or additions to such armories already in existence and to finance the construction of such new or additional armories by or through any plan or plans of finance or refinance acceptable to or adopted by the said Armory Commission. The said Armory Commission is authorized to provide for such financing or refinancing by the sale of bonds, by the matching of funds donated or loaned by any agency of the federal government or by any other plan of finance or refinance acceptable to and adopted by the said commission, it being intended by this section to vest in the Armory Commission of Alabama, full, complete and exclusive authority, not inconsistent with the Constitution of Alabama, to select and put into effect any feasible plan of finance or refinance the said commission may adopt.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §189.)
Section 31-4-6
Section 31-4-6 Use of military appropriations for payment of expenses or obligations of commission.
The Governor of Alabama is hereby authorized to use, in his discretion, any part of any appropriation or contingent appropriation heretofore or hereafter made for any military purpose or for the benefit of the state militia or any part thereof, irrespective of the original purpose thereof, for the purpose of paying any part or all of any expenses or obligations incurred by the Armory Commission of Alabama after August 23, 1935, in carrying out its duties under this chapter.
(Acts 1935, No. 276, p. 672; Acts 1939, No. 508, p. 772; Code 1940, T. 35, §190.)
Section 31-4-7
Section 31-4-7 Provision, etc., of armories, etc., for housing, instruction, etc., of National Guard, Naval Militia, etc.
The Armory Commission of Alabama shall provide adequate armories, buildings, equipment, furniture, target ranges and other necessary facilities for the proper housing, instruction, training and administration of all units and headquarters of the National Guard and Naval Militia of Alabama. It shall provide for the State Military Department like facilities needed for the proper protection, care, maintenance, repair, issue and upkeep of public property of the State of Alabama and of the United States issued to or for the use of the National Guard or Naval Militia of Alabama, and for the proper and efficient administration of the Alabama National Guard or Naval Militia, and shall provide for the maintenance, upkeep, repair and improvement of such facilities.
(Acts 1935, No. 276, p. 672; Acts 1939, No. 508, p. 772; Code 1940, T. 35, §191.)
Section 31-4-8
Section 31-4-8 Acquisition, construction, etc., of armories, grounds, etc.
The Armory Commission may, either alone or in cooperation with the United States or political subdivisions of the state, such as counties, cities or incorporated towns, and private corporations, voluntary unincorporated associations or individuals, construct or acquire by purchase, contract, lease, gift, donation or condemnation, armories, buildings or grounds, suitable for drill instruction and administration and the safekeeping of public property and make additions and improvements in or to such armories and facilities, and, either alone or with the like cooperation of others, provide heat, light, water, telephone service and other costs of operation and maintenance, including insurance. The amounts to be appropriated out of any armory funds for the construction or acquisition of armories, and for the maintenance or rental of armories, shall, within the limits set forth in this section, be wholly within the discretion of the Armory Commission.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §192.)
Section 31-4-9
Section 31-4-9 Cooperation of counties and municipalities for acquisition of buildings, etc., suitable for use as public buildings and armories.
The governing body of any county and the governing body of any city or incorporated town wherein a unit or units of the Alabama National Guard or Alabama Naval Militia have been, or may hereafter be established, may, either severally or acting jointly with each other or with the Armory Commission, construct or acquire by purchase, contract, lease, gift, donation or condemnation, grounds or buildings which shall be suitable for public assemblages, conventions, exhibitions and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Armory Commission as suitable for use as armories by the Alabama National Guard or Alabama Naval Militia unit or units upon terms not inconsistent with this chapter.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §193.)
Section 31-4-10
Section 31-4-10 Exercise of power of condemnation.
The power of condemnation granted in this chapter to the Armory Commission of Alabama, and to counties, cities and incorporated towns, shall be exercised in the manner prescribed in the Code of Alabama.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §196.)
Section 31-4-11
Section 31-4-11 Conveyance by counties or municipalities of public lands to commission for use as armory sites.
Any municipality or county owning lands on which no permanent building has been actually constructed, whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Armory Commission of Alabama for use as a site for an armory for the Alabama National Guard or Naval Militia; provided, that such conveyance will not prevent the reasonable use of any such structure for the purpose for which it was constructed.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §194.)
Section 31-4-12
Section 31-4-12 Property used for armory and training purposes exempt from taxation, etc.
All property actually used for armory and military training purposes, as defined in this chapter, shall be exempt from all taxation, import or assessment.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §195.)
Section 31-4-13
Section 31-4-13 Approval, inspection and supervision of armory construction by State Building Commission.
Whenever any new armory construction is to be made by the Armory Commission of Alabama out of any state moneys without federal aid, the Armory Commission of Alabama shall submit the plans and specifications for such new construction to the technical and engineering staff of the Building Commission of 1945 for technical and engineering approval, and all bids asked for and contracts let shall be under the supervision of said technical and engineering staff in consultation with the Armory Commission, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise and approve the construction of such armories. Whenever any new armories are to be built by the Armory Commission of Alabama involving the expenditure of state funds and the expenditure of federal funds, on the basis of matching of state and federal funds, the plans and specifications for such new armory construction shall be subject to the technical and engineering approval of the technical and engineering staff of the Building Commission of 1945 on behalf of the state and such agencies of the federal government as may be designated by the proper federal authority, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise and approve the construction of such buildings on behalf of the state. Except as otherwise provided in this section, the Armory Commission of Alabama shall retain and exercise exclusively all of the rights, powers, authority, functions and duties imposed and entrusted to it by this chapter.
(Acts 1949, No. 561, p. 880.)
Section 31-4-14
Section 31-4-14 Use and disposition of armories generally.
Whenever in the opinion of the Armory Commission it is practicable to do so, each armory of the National Guard or Naval Militia shall contain a room suitable for meetings of associations composed of veterans of the Spanish-American War, the World Wars, the Korean War and the Viet Nam War, and shall be available for such meetings under such rules and regulations as may be prescribed by the commanding officer of the National Guard unit or units using such armory. The Armory Commission of Alabama may permit the use of any armory for assembly and other purposes of various patriotic and civic organizations such as the Sons of Confederate and Federal Veterans, the American Legion, Veterans of Foreign Wars, Daughters of the Confederacy, the Chamber of Commerce, etc., as may be deemed advisable, where the use does not interfere with the use of the armory by the National Guard unit or units occupying same. When the unit or units of the National Guard or Naval Militia occupying an armory ceases to exist for any reason, the Armory Commission shall make a decision whether it is in the best interest of the state to keep the armory or whether the same shall be sold and the proceeds deposited back in the Armory Fund, or if same should be rented and the proceeds placed in the Armory Fund. Any sales made must be public ones and have the time, place and terms of proposed sale advertised for one month prior to sale in at least six daily newspapers of the state, of which at least three must be outside the county in which the armories are located, and each must be in different cities.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §197.)
Section 31-4-15
Section 31-4-15 Management and care of armories; armory boards or officers of control.
The Armory Commission shall also constitute a board for the general management and care of armories and drill and training areas, when established, and shall have the power to adopt and prescribe rules and regulations for the management and government thereof, and to formulate such rules for the guidance of the organizations occupying them as may be necessary and desirable. Said rules shall not conflict with the provisions of this chapter. For each armory erected or provided, the governor shall appoint, with the advice of the Armory Commission, a board of control to consist of one or more officers of organizations quartered therein. Such board or officer of control may rent the armory for temporary purposes subject to regulations to be prescribed by the Armory Commission, and the money derived from such rental shall be paid into the treasury of the organization or organizations quartered therein.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §198.)
Section 31-4-16
Section 31-4-16 Sale or lease of armories.
When the State Armory Commission shall receive information from the Governor of the disbandment of an organization of the National Guard or Naval Militia of Alabama occupying or using an armory provided under the direction of the armory commission, it shall be the duty of said commission to determine whether such armory shall be sold or not. If it is determined that such armory shall be sold, the same shall be sold to the highest bidder after publication of advertisement for bids, and the proceeds of such sale shall be divided between the state, county and city as their interest may appear; provided that in case an armory becomes vacant by reason mentioned in this section, the Armory Commission for the state may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds therefrom in either case to be turned into the armory fund.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §199.)
Section 31-4-17
Section 31-4-17 City and county donations, etc., for aid of local National Guard or Naval Militia organizations.
Every city and county in the state of Alabama now having, or that may hereafter have, an active National Guard or Naval Militia organization or organizations within its boundaries is hereby authorized and empowered to render such financial assistance as it may deem wise and patriotic to such National Guard or Naval Militia organization, either by donating land or buildings, or donating the use of such land or buildings or by contributing money to their equipment and maintenance.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §200.)
Section 31-4-18
Section 31-4-18 Reversion of donations.
In the event that any real property is donated to a National Guard or Naval Militia organization or organizations, which organization or organizations shall fail or refuse to use same, or shall, after accepting same, be disbanded, the title to the real property thus donated shall revert to the person, county, city or municipality donating the same, as their interest may appear.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §202.)
Section 31-4-19
Section 31-4-19 Disbursement of regular military appropriations for maintenance of armories, etc.
In order that there shall be provided maintenance funds for amories and other buildings erected and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General of this state is authorized to pay out of the @Regular Military Appropriations@ sums equivalent to, or not more than, the whole sums now or hereafter appropriated by the state for the upkeep and maintenance of National Guard or Naval Militia organizations under the heading of @Maintenance for Headquarters and Organizations@ authorized under Chapter 2 of this title, in the discretion of the Governor upon the advice of the Armory Commission of Alabama.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §201.)
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