Section 122 Use of armories; 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 designated by the commander-in-chief. Any state armory or air installation when not in use for military purposes 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 such armory or air installation. Non-military use of an armory under this section shall not be permitted if it interferes with its military use.
(b) Any 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 therefor to the adjutant general through the military custodian of the armory or air installation. No such 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 such use, stating that he approves the application and that such change or modification will not in any way be detrimental to his unit or to its training, and further stating in detail the manner in which said change or modification is to be effected. Such applications may, after the lapse of one year from the date of their receipt, be destroyed or disposed of by order of their lawful custodian, and any proceeds received in the course of their 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 or hearing held by a state department, board or commission.
(2) An examination conducted by a state department, board or commission.
(3) A meeting of an organization composed of veterans of the wars of the United States, or the Korean emergency, their auxiliaries, drill teams, bands and drum corps of organizations of veterans, 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 policemen or firemen.
(5) Elections, primaries or caucuses, and town meetings.
(6) A meeting or rally of a political party or a municipal party, as defined by section one of chapter fifty, conducted by the duly constituted local committee of such party; provided, that no party shall be permitted to use the same armory more than twice in the same year.
(7) A meeting of any organization of boys and girls under eighteen years of age, or of any student military organization the purpose of which is to prepare the members thereof for military service. Upon application to the commander-in-chief and on terms and conditions prescribed by him such organizations may be permitted to use for parade or drill purposes such grounds owned by the commonwealth as are used by the armed forces.
(d) Compensation for the use of any armory or air installation under subsection (c) shall be fixed by the adjutant general with the approval of the commander-in-chief, and shall be at least sufficient to cover all expenses of lighting, heating and guarding the armory or air installation, and similar expenses. Such compensation shall be paid to the adjutant general, who shall pay the same 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.
(2) For a period not exceeding nine days for any exhibition of the products of labor, agriculture or industry, including any automobile exhibition conducted by a responsible organization, and, for the purpose of decorating the premises, for such additional time immediately preceding said period, not exceeding eighteen hours, as may be approved by the military custodian and the adjutant general, and for the purpose of removing decorations, exhibits or equipment, for such additional time immediately following said period, not exceeding eighteen hours, as may so be approved; provided, that the compensation for such uses shall in no case be less than the fair rental value, for the entire period during which the armory or air installation is occupied by any such 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 such 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, such compensation shall be fixed by the adjutant general with the approval of the commander-in-chief 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 for any personal injury for which the adjutant general or other state official may be legally liable. Said rules and regulations may also require that such organization shall file with the adjutant general a bond in such form and amount and containing such conditions as said rules and regulations may prescribe.
(g) The adjutant general is authorized to enter into interagency agreements with other state agencies and to charge other state agencies for the use of any armory, air installation or other facility under his control.