Kansas Statutes

Chapter 48: Militia, Defense And Public Safety

Article 3: Armories

Statutes:

• 48-301: Establishment and use of armories; rental policy, rules and regulations.
• 48-302:
• 48-303: Armory on donated site.
• 48-304: Management and care; rules.
• 48-305: Donations and contributions; tax levy, use of proceeds; election required.
• 48-306:
• 48-307: Sale of armory, when.
• 48-308: City, county and school district may aid national or state guard; bonds of city or county.
• 48-309: Aid to national or state guard by city or county; limitation on amount, tax levy; use and disposition of funds.
• 48-310: Reversion of real property, when.
• 48-311: Same; construction of act.
• 48-312: Reports concerning armories.
• 48-313: Plans for armory.
• 48-314: Payments by state.
• 48-315:
• 48-316:
• 48-317:
• 48-318:
• 48-319:
• 48-320, 48-321:
• 48-322:
• 48-323:
• 48-324: Lease of portions of certain armories for use as preschools authorized; rules and regulations; evacuation in emergencies; rental charges; disposition of proceeds.

• 48-301: Establishment and use of armories; rental policy, rules and regulations. (a) The Kansas military board is hereby empowered and directed to erect or provide, anywhere within the limits of this state, upon such terms and conditions as shall be decided upon by the Kansas military board as most advantageous to the state, armories for the use of the Kansas army or air national guard. Each such armory shall be used for drill, meeting and rendezvous purposes by the unit of the national guard occupying such armory, and such other public functions which the officers in charge of such armory may deem advisable and proper. Such armories shall also be opened for meetings and functions of the Grand Army of the Republic, the Spanish-American War Veterans and their auxiliary organizations.

        (b)   Subject to the provisions of K.S.A. 48-324 and amendments thereto, the adjutant general, with the advice of the Kansas military board, shall adopt rules and regulations establishing a uniform policy governing rental charges for use of armories for other than national guard purposes in order to recover the costs incurred for such use.

        History:   L. 1909, ch. 172, § 1; R.S. 1923, 48-301; L. 1982, ch. 225, § 2; April 22.

• 48-302:

        History:   L. 1909, ch. 172, § 2; R. S. 1923, 48-302; Repealed, L. 1974, ch. 348, § 103; July 1.

• 48-303: Armory on donated site. The said military board is authorized and directed, upon donation of proper site by any county, city or municipality, to erect for the use of such company, battery, troop, battalion or regimental organization, and other organizations and public functions as specified in K.S.A. 48-301, an armory to be used for meeting, rendezvous, drill and other purposes in compliance with this act, and in which shall be stored the ordnance stores and quartermaster stores and other property issued to the organization occupying said armory. When such armory or armories are erected or provided, the said military board shall have charge thereof, and arrange for its occupancy and use under the direction and responsibility of the senior officer in command of such company, battery, troop, battalion or regimental organization.

        History:   L. 1909, ch. 172, § 3; May 29; R.S. 1923, 48-303.

• 48-304: Management and care; rules. The military board shall also 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; said rules not to conflict with the provisions of this act.

        History:   L. 1909, ch. 172, § 4; May 29; R.S. 1923, 48-304.

• 48-305: Donations and contributions; tax levy, use of proceeds; election required. Such military board shall have power to receive from other state agencies, counties, municipalities, or other sources, donations of land or contributions of money, buildings or other property to aid in providing or erecting armories, rifle ranges and training camps throughout the state, for the use of the national guard or state guard, of Kansas, and which shall be held as other property for the use of the state of Kansas; and such counties, cities or other municipalities are hereby authorized to make such contributions for the purpose of this act, and each city of the state of Kansas is hereby authorized and empowered to levy a tax upon all the property therein subject to taxation to raise the necessary money for said armory building and site herein specified and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. No money shall be donated or tax levied until the same is authorized by a vote of the majority of electors in said city at an election called for that purpose.

        History:   L. 1909, ch. 172, § 5; R.S. 1923, 48-305; L. 1953, ch. 262, § 1; L. 1979, ch. 52, § 155; July 1.

• 48-306:

        History:   L. 1909, ch. 172, § 6; R.S. 1923, 48-306; L. 1949, ch. 300, § 1; Repealed, L. 1986, ch. 198, § 1; July 1.

• 48-307: Sale of armory, when. When the military board shall receive information from the governor of the disbandment of any organization of the national guard of Kansas occupying and using an armory provided by the state, under the direction of the military board, it shall be the duty of such military board to sell such armory, at public or private sale, after due publication, for the highest price to be obtained for the same, and the proceeds thereof shall be divided equitably between the state, city or county as their interest may appear.

        History:   L. 1909, ch. 172, § 7; R.S. 1923, 48-307; L. 1953, ch. 262, § 2; L. 1988, ch. 301, § 9; July 1.

• 48-308: City, county and school district may aid national or state guard; bonds of city or county. Every city and county in the state of Kansas now having or that may hereafter have a national guard organization or a state guard organization within its boundaries, and every city having a national guard or state guard organization within five miles of its boundaries, is hereby authorized and empowered to render such financial assistance as it may deem wise and patriotic to such national guard organization, state guard organization or the military board of the state of Kansas, either by donating lands or buildings, donating the use of lands or buildings, or by contributing money for the equipping and maintenance of such national guard organization or state guard organization, or to the military board for acquiring or constructing an armory or armories except (a) that bonds of such city or county may be issued and sold, as provided by law, to raise the money for such purposes when authorized by a majority of the electors thereof voting at an election called and held, and bonds issued thereunder in accordance with the provisions of the general bond law ; (b) that the governing body of any city of the first class located in any county having a population of not less than 110,000 and having an assessed tangible valuation of more than $150,000,000, and owning and operating a municipal airport and the board of county commissioners of any county in which such city is located which owns and operates a municipal airport, may issue and sell not to exceed $50,000 of bonds for the purpose of rendering financial assistance in the construction of a national guard armory to be used by a national guard air squadron; and (c) that every school district in the state of Kansas now having or that may hereafter have a national guard or state guard organization within its boundaries may lease or donate lands, buildings or equipment to such national guard or state guard organization.

        History:   L. 1919, ch. 220, § 1; R.S. 1923, 48-308; L. 1941, ch. 274, § 1; L. 1943, ch. 201, § 1; L. 1949, ch. 301, § 1; L. 1953, ch. 263, § 1; L. 1988, ch. 301, § 10; July 1.

• 48-309: Aid to national or state guard by city or county; limitation on amount, tax levy; use and disposition of funds. (a) The governing body of any city in this state having a Kansas army or air national guard unit or Kansas state guard unit within its boundaries, or within 12 miles thereof, and the board of county commissioners of any county in this state having a Kansas army or air national guard unit or Kansas state guard unit within its boundaries are each hereby authorized and empowered to make an annual expenditure in cash, for furnishing equipment and maintenance to such national guard or state guard unit, in an amount not to exceed $2,000 for each Kansas army or air national guard unit which is now or hereafter may be organized, if such national guard unit has qualified for federal recognition as a part of the army or air national guard of the United States. For the purpose of providing funds for the purposes authorized under this section the board of county commissioners of any such county is hereby authorized to make such expenditures from the general fund of the county or may levy annually a tax upon all the taxable tangible property of the county sufficient to provide funds for the purposes authorized under this section and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.

        (b)   All funds received by any Kansas army or air national guard unit or Kansas state guard unit from a city or county under this section for furnishing equipment and maintenance to such unit may be expended for such purposes in accordance with rules and regulations adopted by the adjutant general. Each Kansas army or air national guard unit or Kansas state guard unit shall deposit all such funds received under this section in a separate account for such purposes in a bank, federally chartered savings bank or state or federally chartered savings and loan association designated by the pooled money investment board.

        (c)   All revenues received by any Kansas army or air national guard unit or Kansas state guard unit from other sources, including but not limited to armory rentals, vending proceeds and gifts and donations may be expended for operating expenses including maintenance and equipment and for morale and welfare purposes in accordance with rules and regulations adopted by the adjutant general. Each Kansas army or air national guard unit shall deposit all such funds received under this section in a separate account in a bank, federally chartered savings bank or state or federally chartered savings and loan association designated by the pooled money investment board.

        (d)   Each Kansas army or air national guard unit or Kansas state guard unit receiving funds under this section shall account for the receipt and expenditure of such funds as the adjutant general may direct.

        History:   L. 1919, ch. 220, § 2; R.S. 1923, 48-309; L. 1943, ch. 201, § 2; L. 1953, ch. 263, § 2; L. 1959, ch. 233, § 1; L. 1969, ch. 269, § 1; L. 1974, ch. 227, § 1; L. 1976, ch. 58, § 4; L. 1979, ch. 52, § 156; L. 1982, ch. 225, § 3; L. 1994, ch. 105, § 12; April 14.

• 48-310: Reversion of real property, when. In the event that any real property is donated to a national guard organization under the provisions of K.S.A. 48-308, and amendments thereto, and the national guard organization shall fail or refuse to use the same, or shall, after accepting the same, disband its organization, the title to the real property thus donated shall revert to the person, corporation or municipality donating the same.

        History:   L. 1919, ch. 220, § 3; R.S. 1923, 48-310; L. 1953, ch. 263, § 3; L. 1988, ch. 301, § 11; July 1.

• 48-311: Same; construction of act. This act shall not be construed to repeal any statute now on the statute book concerning the support and maintenance of the militia of this state, but is and shall be supplemental thereto.

        History:   L. 1919, ch. 220, § 4; June 17; R.S. 1923, 48-311.

• 48-312: Reports concerning armories. The military board shall make a report, annually, of the proceedings incident to the location and management of such armories, respectively; also, a detailed account of disbursements, which shall be filed in the office of the adjutant general.

        History:   L. 1909, ch. 172, § 8; May 29; R.S. 1923, 48-312.

• 48-313: Plans for armory. Said armory buildings shall be erected in accordance with plans and specifications approved by the secretary of administration and by the military board.

        History:   L. 1909, ch. 172, § 9; R.S. 1923, 48-313; L. 1978, ch. 336, § 2; July 1.

• 48-314: Payments by state. The director of accounts and reports is hereby authorized and directed, upon the filing of vouchers in favor of the parties entitled thereto upon estimates made by the secretary of administration and approved by the military board, to draw his or her warrants on the state treasurer for the payment of same.

        History:   L. 1909, ch. 172, § 10; R.S. 1923, 48-314; L. 1978, ch. 336, § 3; July 1.

• 48-315:

        History:   L. 1947, ch. 307, § 1; L. 1961, ch. 261, § 1; L. 1967, ch. 434, § 16; L. 1974, ch. 348, § 21; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-316:

        History:   L. 1947, ch. 307, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-317:

        History:   L. 1947, ch. 307, § 3; L. 1949, ch. 302, § 1; L. 1963, ch. 456, § 6; L. 1970, ch. 64, § 76; L. 1975, ch. 495, § 13; L. 1983, ch. 49, § 83; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-318:

        History:   L. 1947, ch. 307, § 4; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-319:

        History:   L. 1947, ch. 307, § 5; L. 1953, ch. 264, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-320, 48-321:

        History:   L. 1947, ch. 307, §§ 6, 7; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-322:

        History:   L. 1963, ch. 289, § 1; L. 1978, ch. 99, § 32; Repealed, L. 1988, ch. 301, § 33; July 1.

• 48-323:

        History:   L. 1976, ch. 211, § 1; L. 1988, ch. 301, § 12; Repealed, L. 2003, ch. 50, § 1; April 17.

• 48-324: Lease of portions of certain armories for use as preschools authorized; rules and regulations; evacuation in emergencies; rental charges; disposition of proceeds. (a) In accordance with this section, portions of Kansas army and air national guard armories located in cities having populations of less than 4,000 may be leased for use on a regular basis for preschools which are providing educational and other programs for preschool children and which are licensed by the secretary of health and environment under K.S.A. 65-501 et seq. and amendments thereto.

        (b)   The adjutant general shall adopt necessary rules and regulations prescribing procedures for the leasing and operation of portions of Kansas army and air national guard armories located in cities having populations of less than 4,000 by individuals, associations, organizations and corporations for use on a regular basis as preschools as described in subsection (a). Such preschools in armories shall be operated in a manner which is compatible and which does not interfere with the normal operations of the Kansas army and air national guard units assigned to the armories. The adjutant general may prescribe procedures for the evacuation of the property of any such preschool from an armory in cases of emergency requiring the use of all portions of the armory by Kansas army or air national guard units.

        (c)   Rental charges for the use of a portion of an armory for a preschool under this section shall be imposed only to recover the costs actually incurred as a result of and attributable to such use, including but not limited to utility, janitorial and other maintenance expenses. Such rental charges shall be fixed in accordance with rules and regulations adopted by the adjutant general. Revenues from such charges shall be disposed of in accordance with K.S.A. 48-309 and amendments thereto and rules and regulations adopted thereunder.

        History:   L. 1978, ch. 207, § 1; L. 1982, ch. 225, § 4; April 22.