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Chapter 192​ National Guard​

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Chapter 192​ National Guard​ 1​ MINNESOTA STATUTES 2020​ CHAPTER 192​ NATIONAL GUARD​ ORGANIZATION​ 192.33​ ACTION FOR DAMAGES.​ 192.01​ MINNESOTA NATIONAL GUARD.​ 192.34​ DISCRIMINATION WITH RESPECT TO​ 192.02​ INACTIVE NATIONAL GUARD.​ EMPLOYMENT.​ 192.03​ ORGANIZATION.​ 192.341​ STATE ENHANCED EMPLOYER SUPPORT OF​ GUARD AND RESERVE (ESGR) PROGRAM.​ 192.04​ LOCATION OF UNITS.​ 192.35​ INTERFERENCE WITH PERFORMANCE OF​ 192.05​ STATUS OF INDIVIDUALS AND UNITS OF​ MILITARY DUTIES.​ NATIONAL GUARD IN NATIONAL EMERGENCY​ AND AFTERWARDS.​ 192.351​ INTERFERENCE WITH PERFORMANCE OF​ MILITARY DUTIES WHILE IN ACTIVE SERVICE.​ 192.056​ PROTECTION OF RESERVIST-OWNED BUSINESS​ DURING ACTIVE SERVICE.​ 192.37​ WRONGFUL DISPOSITION OF PROPERTY.​ 192.06​ OFFICERS AND ENLISTED PERSONS OF STATE​ 192.38​ ILLNESS, INJURY, OR DEATH OF MEMBER OF​ STAFF AND DETACHMENT; NUMBER AND​ MILITARY FORCES; COMPENSATION.​ GRADES.​ 192.381​ ADJUTANT GENERAL TO FURNISH AN AMERICAN​ 192.08​ QUALIFICATIONS OF OFFICERS.​ FLAG.​ 192.105​ OFFICERS; SELECTION, ASSIGNMENT,​ 192.382​ HONOR GUARDS.​ PROMOTION.​ 192.40​ GOVERNOR TO APPOINT UNITED STATES​ 192.11​ OFFICERS HAVE POWERS AND DUTIES OF​ PROPERTY AND FISCAL OFFICER.​ UNITED STATES OFFICERS.​ 192.41​ STATE QUARTERMASTER AND PROPERTY​ 192.13​ SUPPLIES, HOW ISSUED; BOND.​ OFFICER.​ 192.14​ OFFICERS MAY RESIGN.​ 192.43​ DISTRIBUTION OF EQUIPMENT.​ 192.17​ OFFICERS MAY BE PLACED IN INACTIVE​ 192.49​ PAY AND ALLOWANCES OF OFFICERS AND​ NATIONAL GUARD.​ ORGANIZATIONS.​ 192.18​ RETIREMENT.​ 192.501​ FINANCIAL INCENTIVES FOR NATIONAL GUARD​ 192.19​ RETIRED MEMBERS MAY BE ORDERED TO​ MEMBERS.​ ACTIVE DUTY.​ 192.502​ PROTECTIONS.​ 192.20​ BREVET RANK.​ 192.503​ AMATEUR ATHLETICS.​ 192.205​ ENLISTMENTS.​ 192.515​ NATIONAL GUARD NONAPPROPRIATED FUND​ 192.22​ DISHONORABLE DISCHARGES.​ INSTRUMENTALITY.​ 192.23​ SERVICE MEDALS.​ 192.52​ EXPENSES OF MILITARY FORCES ORDERED TO​ 192.25​ EXEMPTION FROM PROCESS.​ ACTIVE DUTY.​ 192.26​ STATE AND MUNICIPAL OFFICERS AND​ 192.525​ POSTDEPLOYMENT HEALTH ASSESSMENTS.​ EMPLOYEES NOT TO LOSE PAY WHILE ON​ 192.54​ TRANSPORTATION HIRE AND EXPENSE.​ AUTHORIZED LEAVE FOR MILITARY DUTY.​ 192.55​ PAYMENTS TO BE MADE THROUGH ADJUTANT​ 192.261​ LEAVE OF ABSENCE.​ GENERAL.​ 192.262​ OFFICERS AND EMPLOYEES TO PRESERVE​ 192.551​ ARMY REGULATIONS TO APPLY.​ PENSION AND RETIREMENT RIGHTS.​ 192.552​ STATE-SPONSORED LIFE INSURANCE PROGRAM.​ 192.263​ VACANCIES TO BE FILLED TEMPORARILY.​ MILITARY COURTS​ 192.264​ SUPPLEMENTARY.​ 192.61​ FORMS, PRACTICE, PROCEDURE.​ 192.27​ NOT LIABLE FOR ACTS PERFORMED UNDER​ ORDERS.​ 192.66​ DESERTION.​ 192.28​ FIRING BLANK CARTRIDGES ON MOB OR​ 192.67​ OFFENDERS; TRANSFER TO CIVIL AUTHORITIES.​ UNLAWFUL ASSEMBLAGE.​ 192.68​ COURTS, COMPENSATION; DISPOSITION OF​ 192.29​ GOVERNOR TO APPOINT COUNSEL.​ FINES.​ 192.30​ SECURITY FOR COSTS.​ 192.82​ OFFENDERS MAY BE COMMITTED TO JAIL.​ 192.31​ MILITARY FORCES NOT RESTRICTED BY TRAFFIC​ 192.85​ CIVIL OFFICERS SHALL BE GUILTY OF​ REGULATIONS.​ MISDEMEANORS FOR REFUSAL TO ACT.​ 192.32​ DISCRIMINATION IN PUBLIC ACCOMMODATIONS​ NATIONAL GUARD MUTUAL ASSISTANCE​ OR PUBLIC SERVICES.​ COUNTERDRUG ACTIVITIES COMPACT​ 192.325​ DISCRIMINATION AGAINST FAMILY OF SERVICE​ 192.88​ NATIONAL GUARD MUTUAL ASSISTANCE​ MEMBER; UNPAID LEAVE REQUIRED.​ COUNTERDRUG ACTIVITIES COMPACT.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 192.01​ MINNESOTA STATUTES 2020​ 2​ INTERSTATE EMERGENCY MANAGEMENT ASSISTANCE​ 192.90​ INTERSTATE ASSISTANCE BY MINNESOTA​ COMPACT​ RESPONDS MEDICAL RESERVE CORPS.​ 192.89​ INTERSTATE EMERGENCY MANAGEMENT​ 192.91​ INTERSTATE ASSISTANCE BY LOCAL​ ASSISTANCE COMPACT.​ GOVERNMENTS.​ ORGANIZATION​ 192.01 MINNESOTA NATIONAL GUARD.​ The Minnesota National Guard consists of the regularly enlisted militia within the ages prescribed by​ federal law and regulations, organized, armed, and equipped as hereinafter provided, and of commissioned​ officers and warrant officers within the ages and having the qualifications prescribed by federal law and​ regulations. "National Guard" applies only to militia organized as provided for in the military code and​ authorized by federal law and regulations relating to the National Guard. The number of officers and enlisted​ members of the National Guard shall be fixed from time to time and organized so as to meet the requirements​ of the federal laws.​ History: (2409) 1921 c 506 s 15; 1943 c 108 s 10; 1947 c 125 s 3; 1986 c 444​ 192.02 INACTIVE NATIONAL GUARD.​ The inactive National Guard shall be organized and maintained under such rules and regulations as may​ be prescribed in accordance with the federal law.​ History: (2412) 1921 c 506 s 18; 1939 c 175 s 4​ 192.03 ORGANIZATION.​ The organization of the National Guard, including the composition of all units thereof, shall be such as​ is or may hereafter be prescribed for this state by federal law.​ History: (2410) 1921 c 506 s 16​ 192.04 LOCATION OF UNITS.​ The location of units, including headquarters shall, when not otherwise prescribed by federal law, be​ fixed by the governor on the recommendation of the adjutant general.​ History: (2411) 1921 c 506 s 17; 1927 c 339 s 3​ 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 of those of the regular army,​ and the president has ordered into the active military service of the United States, to serve therein for the​ period of the war or emergency, any or all units and members of the National Guard of this state, all forces​ so ordered into the active military service of the United States shall from the date thereof stand relieved​ from duty in the National Guard of this state so long as they shall remain in the active military service of​ the United States, when so provided by the federal law. Upon being relieved from such duty in the military​ service of the United States, all such individuals and units shall revert to their National Guard status.​ History: (2418) 1921 c 506 s 24; 1939 c 175 s 7​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 3​ MINNESOTA STATUTES 2020​ 192.056​ 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 owned by a qualified service member, or jointly by the member​ and the member's spouse, irrespective of whether the business is a sole proprietorship, corporation, limited​ liability company, partnership, limited partnership, or other type of business entity.​ (d) "Qualified service member" means a Minnesota resident who is serving honorably as a member of​ the Minnesota National Guard or any other military reserve unit of the United States armed forces who has​ been ordered into active service for a period of 60 days or longer.​ Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the contrary, the business​ of a qualified service member may be exempted from civil court proceedings for part or all of the period of​ the member's active military service and for up to 60 days thereafter, as provided in this section.​ (b) If the business of a qualified service member is a defendant in a civil action, the court may, on its​ own motion, grant a stay in the proceedings for a minimum of 60 days. The court, on its own motion, may​ renew the stay as the court considers appropriate. If the qualified service member petitions the court in any​ manner for a stay, the court must grant a stay for a minimum of 60 days, provided that:​ (1) the service member submits to the court a letter or other communication setting forth facts stating​ the manner in which current military duty requirements materially affect the service member's ability to​ appear or otherwise participate in the proceedings, and stating a date when the service member will be​ available to appear or otherwise participate in the proceedings; and​ (2) the service member submits a letter or other communication from the service member's commanding​ officer stating that the service member's current military duty prevents appearance and that military leave​ is not authorized for the service member at the time of the letter.​ (c) A service member's communication with the court requesting a stay does not constitute an appearance​ for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense, including​ a defense relating to lack of personal jurisdiction.​ (d) A qualified service member who is granted a stay in the action or proceedings against the member's​ business may in any manner request from the court an additional stay, which the court may grant if the​ service member can show to the satisfaction of the court that the member's military requirements affect the​ member's ability to appear. However, the court is not obligated to grant the additional stay. If the court​ refuses to grant an additional stay, the court must provide the service member with information enabling​ the service member to acquire qualified legal counsel, at the service member's discretion, for defending the​ action.​ (e) If a default judgment is entered in a civil action against the business of a qualified service member​ during the service member's period of active military service, or within 60 days following termination
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