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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE V MILITIA
  • CHAPTER 33 MILITIA
  • Section 122 Use of armories or air installations; nature and scope

Section 122. (a) Armories and air installations provided for the armed forces of the commonwealth shall be used by them for the military purposes or purposes incidental thereto as designated by the commander-in-chief. If not in use for military purposes, a state armory or air installation may be used without charge and subject only to rules and regulations promulgated by the commander-in-chief for social activities or athletics by military units stationed in the armory or air installation. Non-military use of an armory under this section shall not be permitted if the non-military use interferes with its military use.

(b) An armory or air installation may be used for the purposes set forth in subsections (c) and (e) in accordance with terms and conditions prescribed by the commander-in-chief, upon application for those purposes to the adjutant general through the military custodian of the armory or air installation. No application shall be granted unless it is approved by the military custodian and the adjutant general and contains a certificate from each unit commander whose drill or other military duty is to be changed or modified by the use which states the approval of the application and that the change or modification shall not in any way be detrimental to the unit or to its training and states in detail the manner in which the change or modification is to be effected. An application may, after the lapse of 1 year from the date of its receipt, be destroyed or disposed of by order of its lawful custodian and any proceeds received in the course of its disposal shall be paid to the commonwealth.

(c) Subject to subsection (b), armories or air installations may be used temporarily for the following public purposes:

(1) a public meeting, hearing or activity held by a city, town, state or federal department, board, commission or similar entity;

(2) an examination conducted by a state department, board, commission or similar entity;

(3) a meeting of an organization composed of veterans of the armed forces of the commonwealth or the armed forces of the United States, their auxiliaries, drill teams, bands and drum corps of organizations of veterans or a board of trade, a chamber of commerce or a meeting to raise funds for any non-sectarian charitable or non-sectarian educational purpose;

(4) a meeting to raise funds for a benefit association of police officers or firefighters;

(5) elections, primaries or caucuses and town meetings;

(6) a meeting or rally of a political party or a municipal party, as defined in section 1 of chapter 50, conducted by the duly constituted local committee of the party; provided, however, that no party shall be permitted to use the same armory more than twice in the same year; and

(7) a meeting of any organization of boys and girls under 18 years of age or any student military organization sponsored or sanctioned by the armed forces of the commonwealth or the armed forces of the United States; provided, however, that, upon application to the adjutant general and on terms and conditions prescribed by the adjutant general, the organizations may be permitted to use for parade or drill purposes the grounds owned by the commonwealth as are used by the armed forces.

(d) Compensation for the use of an armory or air installation under subsection (c) shall be fixed by the adjutant general with the approval of the armory commission and shall be at least sufficient to cover all expenses of lighting, heating and guarding the armory or air installation and similar expenses. The compensation shall be paid to the adjutant general who shall pay the same compensation to the commonwealth.

(e) Subject to subsection (b), an armory or air installation may be used for:

(1) athletic contests and social or civic activities conducted by responsible organizations or associations; or

(2) a period not exceeding 9 days for any exhibition of the products of labor, agriculture or industry, including any automobile exhibition conducted by a responsible organization, and, to decorate the premises, for such additional time immediately preceding said period, not exceeding 18 hours, as may be approved by the military custodian and the adjutant general and, to remove decorations, exhibits or equipment, for such additional time immediately following said period, not exceeding 18 hours, as may so be approved; provided, however, that the compensation for such uses shall not be less than the fair rental value, for the entire period during which the armory or air installation shall be occupied by the exhibit or equipment, of halls of a similar nature in the same or a similar city or town, together with a sum sufficient to cover the expenses of providing guards and labor as may be necessary to protect the armory or air installation while so used and to remove and replace items of military equipment while so used. Subject to the foregoing limitation, the compensation shall be fixed by the adjutant general and shall be paid as provided in subsection (d).

(f) Each organization using an armory or air installation under subsection (c) or (e) shall, under rules and regulations prescribed by the commander-in-chief, pay for any damage to or loss of any property or equipment and shall pay for any personal injury for which the adjutant general or other state official may be legally liable. The rules and regulations may also require that the organization shall file with the adjutant general a bond in the form and amount and containing conditions as the rules and regulations may prescribe.

(g) The adjutant general may enter into interagency agreements with other city, town, state or federal agencies and may charge the agencies for the use of any armory, air installation or other facility under the control of the adjutant general.