Title Minnesota Statutes, Minnesota Statutes

192.05 STATUS OF INDIVIDUALS AND UNITS OF NATIONAL GUARD IN NATIONAL EMERGENCY AND AFTERWARDS. When Congress shall have declared a national emergency or shall have authorized the use of armed land forces of the United States for any purpose requiring the use of troops in excess o…

192.056 PROTECTION OF RESERVIST-OWNED BUSINESS DURING ACTIVE SERVICE. § Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section. (b) "Active service" has the meaning given in section 190.05, subdivision 5. (c) "Business" means a business wholly ow…

192.06 OFFICERS AND ENLISTED PERSONS OF STATE STAFF AND DETACHMENT; NUMBER AND GRADES. The number and grades of officers and enlisted persons in the state staff and detachment shall be as prescribed by federal law, but in case of war, invasion, insurrection, civil disturbance or …

192.08 QUALIFICATIONS OF OFFICERS. Officers of the National Guard shall not be commissioned as such unless they shall have been selected from the classes of persons having the qualifications prescribed by federal law and shall have taken and subscribed to the oath of office presc…

192.105 OFFICERS; SELECTION, ASSIGNMENT, PROMOTION. Officers for the Minnesota National Guard shall be selected, commissioned, or appointed by the governor upon the recommendation of the adjutant general provided the persons have met all qualifications prescribed by federal law. …

192.11 OFFICERS HAVE POWERS AND DUTIES OF UNITED STATES OFFICERS. In addition to the powers and duties prescribed in the Military Code, all officers of the Minnesota National Guard shall have the same powers, including the power to administer oaths, and perform the same duties as…

192.13 SUPPLIES, HOW ISSUED; BOND. Arms, accoutrements, ammunition and stores shall be issued to the proper officers of each organization, upon requisition as prescribed by federal law. The governor may require of the accountable officers, such bonds as the governor deems necessa…

192.14 OFFICERS MAY RESIGN. Commissioned officers may resign in such manner and under such circumstances as may be prescribed by federal regulations. History: (2420) 1921 c 506 s 26

192.17 OFFICERS MAY BE PLACED IN INACTIVE NATIONAL GUARD. Officers may, upon their own application, be placed in the inactive National Guard as may be authorized by federal law. History: (2419) 1921 c 506 s 25

192.18 RETIREMENT. § Subdivision 1.Officers and warrant officers. Whenever the federal recognition of an officer or warrant officer of the National Guard is withdrawn, that officer's commission in the Minnesota National Guard shall be terminated, except that any officer or warran…

192.19 RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY. The commander-in-chief or the adjutant general may assign officers, warrant officers, and enlisted personnel on the retired list, with their consent, to temporary active service in recruiting, upon courts-martial, courts of in…

192.20 BREVET RANK. § Subdivision 1.Personnel eligible for brevet promotion. (a) Officers, warrant officers, and enlisted persons of the National Guard who have, after ten years active service, resigned or retired for physical disability or otherwise, may in the discretion of the…

192.205 ENLISTMENTS. § Subdivision 1.Period of enlistments. Except as otherwise provided by federal law or regulation for the National Guard, original enlistments in the military forces shall be for a period of three years and subsequent enlistments for periods of one or three ye…

192.22 DISHONORABLE DISCHARGES. A dishonorable discharge from service in the National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein and disqualification for any military office under t…

192.23 SERVICE MEDALS. (a) The commander-in-chief may, by general order, provide a suitable mark of distinction for all officers and enlisted members who have served in the military forces of the state for an aggregate period of three, five, ten, 15, and 20 years, respectively, a…

192.25 EXEMPTION FROM PROCESS; TRANSFER TO CIVIL AUTHORITIES. § Subdivision 1.Exemption from process. No member of the guard shall be arrested, or served with any summons, order, warrant or other civil process after having been ordered to any duty or while going to, attending or …

192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO LOSE PAY WHILE ON AUTHORIZED LEAVE FOR MILITARY DUTY. § Subdivision 1.Authorized leave. Subject to the conditions hereinafter prescribed, any officer or employee of the state or of any political subdivision, municipal corpo…

192.261 LEAVE OF ABSENCE. § Subdivision 1.Leave of absence without pay. Subject to the conditions hereinafter prescribed, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who: (1) engages in active se…

192.262 OFFICERS AND EMPLOYEES TO PRESERVE PENSION AND RETIREMENT RIGHTS. Any public officer or employee receiving leave of absence under sections 192.26 to 192.264 and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all s…

192.263 VACANCIES TO BE FILLED TEMPORARILY. In any case where a public officer or employee is absent with leave under the provisions of sections 192.26 to 192.264 and where it is necessary in the public interest to provide for the performance of the duties of the position during …

192.264 SUPPLEMENTARY. The rights and privileges granted by sections 192.26 to 192.264 shall be supplementary to and not exclusive of any other rights or privileges conferred by law on public officers or employees, but shall not obtain in any case where the military or naval serv…

192.27 NOT LIABLE FOR ACTS PERFORMED UNDER ORDERS. The commanding officer of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob or the enforcement of the laws shall exercise discretion as to the propriety of firing upon or otherwise …

192.28 FIRING BLANK CARTRIDGES ON MOB OR UNLAWFUL ASSEMBLAGE. No officer in charge of personnel, under any pretense or in compliance with any order, shall direct or permit them to fire blank cartridges upon any mob or unlawful assemblage, under penalty of dishonorable dismissal f…

192.29 GOVERNOR TO APPOINT COUNSEL. If a suit or proceeding shall be commenced in any court by any person against any officer of the military forces for any act done by such officer in an official capacity in the discharge of any duty under the Military Code, or against any soldi…

192.30 SECURITY FOR COSTS. Any person bringing an action or proceeding against a military officer of the state for any act done in the course of official duty, or against any person acting under the order or authority of such officer, shall give security for the costs, disburseme…

192.31 MILITARY FORCES NOT RESTRICTED BY TRAFFIC REGULATIONS. The military forces of the United States and of the state, while on any authorized duty, shall not be restricted by state or municipal traffic regulations when under military or civil traffic-control personnel, and sha…

192.32 DISCRIMINATION IN PUBLIC ACCOMMODATIONS OR PUBLIC SERVICES. It shall be unlawful for any person to discriminate against any member of the military forces of the United States, of this state or of any other state because of membership therein or the wearing of a military un…

192.325 DISCRIMINATION AGAINST FAMILY OF SERVICE MEMBER; UNPAID LEAVE REQUIRED. An employer may not: (1) discharge from employment or take adverse employment action against any employee because of the membership of that employee's spouse, parent, or child in the military forces o…

192.33 ACTION FOR DAMAGES. Any person injured as a result of a violation of section 192.32 may bring an action to recover actual damages, costs, and, in addition thereto, exemplary damages. History: (4391, 4392) 1911 c 261 s 2,3; 1978 c 478 s 7; 1986 c 444

192.34 DISCRIMINATION WITH RESPECT TO EMPLOYMENT. It shall be unlawful for any employer to discharge any person from employment because of membership in the military or naval forces of the United States, of this state, or any other state, or to hinder or prevent any person from p…

192.341 STATE ENHANCED EMPLOYER SUPPORT OF GUARD AND RESERVE (ESGR) PROGRAM. The adjutant general is authorized to establish and administer a state enhancement to the federal Employer Support of Guard and Reserve (ESGR) Program. The adjutant general shall develop policy and guide…

192.35 INTERFERENCE WITH PERFORMANCE OF MILITARY DUTIES. Any person who interrupts, molests, or insults by abusive words or behavior, or obstructs any officer or soldier of the National Guard while on duty, either parade, drill meeting for military improvement or other military d…

192.351 INTERFERENCE WITH PERFORMANCE OF MILITARY DUTIES WHILE IN ACTIVE SERVICE. Any person who intentionally obstructs, hinders, or prevents any officer or soldier of the National Guard from performing duties while on active service may be arrested by an officer or soldier pres…

192.37 WRONGFUL DISPOSITION OF PROPERTY. Every person, whether a member of the military forces or not, who sells, buys, damages, destroys, disposes of, or retains any military property of the United States or of the state without proper authority shall be guilty of a misdemeanor.…

192.38 ILLNESS, INJURY, OR DEATH OF MEMBER OF MILITARY FORCES; COMPENSATION. § Subdivision 1.Temporary emergency relief. If any officer or enlisted member of the military forces is wounded or otherwise disabled, dies from disease contracted or injuries received, or is killed whil…

192.381 ADJUTANT GENERAL TO FURNISH AN AMERICAN FLAG. Upon the death of any person who has honorably served six or more years or is in active service in the Minnesota National Guard and upon request of the person designated to direct disposition of the remains, the adjutant gener…

192.382 HONOR GUARDS. The adjutant general may activate members to serve as an honor guard at the funeral of any person who served in the Minnesota National Guard and who was: (1) honorably discharged after serving six or more years, or (2) in active service. Members activated fo…

192.40 GOVERNOR TO APPOINT UNITED STATES PROPERTY AND FISCAL OFFICER. The governor, upon the recommendation of the adjutant general and pursuant to federal authority, shall appoint, designate, or detail subject to the approval of the secretary of the Army and secretary of the Air…

192.41 STATE QUARTERMASTER AND PROPERTY OFFICER. The state quartermaster shall be the property officer of the state and as such shall have charge of and be accountable for, under the adjutant general, all the state military property and shall make such property returns and report…

192.43 DISTRIBUTION OF EQUIPMENT. § Subdivision 1.Procedure. The commanding officer of a company receiving clothing or equipment for the use of the command shall distribute the same to the members of the command, taking receipts and requiring the return of each article at such ti…

192.49 PAY AND ALLOWANCES OF OFFICERS AND ORGANIZATIONS. § Subdivision 1.Officers. Every commissioned officer of the military forces shall receive from the state, while engaged in state active service as defined in section 190.05, subdivision 5a, pay and allowances at the rate no…

192.501 FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS. § Subdivision 1. [Repealed by amendment, 1996 c 390 s 32] § Subd. 1a.Enlistment bonus program. (a) The adjutant general may establish within the limitations of this subdivision a program to provide enlistment bonuses to eli…

192.502 PROTECTIONS. § Subdivision 1.Postsecondary students. (a) As used in this subdivision, the terms "qualified person" and "qualified student" have the same meaning and include: (1) any student at a postsecondary educational institution who is ordered into active military ser…

192.503 AMATEUR ATHLETICS. (a) If a Minnesota resident who is a member of the Minnesota National Guard or any other reserve unit of the United States armed forces is a qualified member of a team governed by an amateur athletic association in this state upon being ordered into act…

192.515 NATIONAL GUARD NONAPPROPRIATED FUND INSTRUMENTALITY. § Subdivision 1.Establishment. The adjutant general may establish a Minnesota National Guard Nonappropriated Fund Instrumentality to create, operate, and maintain morale, welfare, and recreation facilities and activitie…

192.52 EXPENSES OF MILITARY FORCES ORDERED TO ACTIVE DUTY. In all cases where any of the military forces are called into active service by the governor and where no funds otherwise appropriated are available therefor, or where the appropriated funds, if any, are insufficient, the…